e. ( V/mJ^ CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1 89 1 BY HENRY WILLIAMS SAGE JK5425 W.AZm""' '■""'^ ''mHlmmJIX^rSf*XV!?."Ji> Slate convention Clin 3 1924 032 658 605 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032658605 joTJR:^rA^L OF THE MISSOURI STATE .CONV ENTION , HKLD AT THE CITY OF ST. LOUIS, JANUARY 6 APRIL 10, 1865. ST. LOUIS: MISSOURI DBMOCRAT, PRINT, CORNER EOUKTH AND PINE STS. 1865. k.\Ur%'^ 'Vo t?^ '7^/a, N'AMES OF THE DELEGATES OF THE MISSOURI STATE CONVENTION OF 1865, WITH THE PLACE OF NATIVITY, AOE, PROFESSION, AND POST OFFICE ADDRESS. Names of Memiers. Nativity. Age. Profession. Post Office Address Arnold Krekel, President Prussia 60. ...Lawyer St. Charlos, Mo. CharlesD. Drake, Vice President.. Ohio 64 Lawyer St. Louis. AmosP. Poster, Secretary New Hampshire. .32.. ..Merchant Washington, Mo. Thomas Proctor, Assistant Sec'y.... Ohio 49 Editor Macon City, Mo. ri. J. Stierlin, Doorkeeper Prussia 43 Clerk St. Louis. J. W. Stephens, Serg't-at-Arms ..England 31 Lawyer Bolla, Mo. AdamsT William B Missouri 46 Physician ....Danville, Mo. Barr, Adam J Pennsylvania 36 Physician Eiohmond, Mo. liedtord, Alfred M Tennessee 44 Lawyer Charleston, Mo . Bonham^ David...: England 66.... Parmer Empire Prairie, Mo. Budd, n-ebrge K Pennsylvania 63 '. St. Louis. Bunce, Harvey New York 48 Boonville, Mo. Bush, iSidor Austria 43.. ..Gen. Ag't I.M.R.B St. Louis... Childress, Kobert L Tennessee 56. ...Farmer Marshfleld, Mo. Clover, Henry A New Totk 41. ...Lawyer St. Louis. Oowden* Rives C Virginia 66.. ..Parmer Halfway, Mo. Davis, JohnH Ohio 48... .Parmer Hall's Perry, Mo. Davis, Samuel T Kentucky SO.. ..Lawyer New Madrid, Mo. Dodsonrisham B Kentucky 47.. ..Lawyer KirksviUe, Mo. D'Oench, William Prussia 48.. ..Merchant St. Louis. Ellis, John H Virginia... 61.... Physician Chillicothe, Mo. Esther, John Tennessee 38.. ..Parmer Lebanon, Mo. Evans, Ellis G Missouri 41.... Mechanic Cuba, Mo. PiUey, Chaunceyl New Tork 36.... Merchant St. Louis. Fletcher, John W Missouri 7. .46.... Farmer DeSoto, Mo. Folmsbee, Wm. H Ohio 36. .. .Physician Gallatin, Mo. Foster, Emory S Missouri 27. .. .Student at Law. : Warrensburg, Mo. Pulker'son,Wd. M Virginia 67.. ..Parmer Marshall, Mo. Gamble, John W Kentucky 60.. ..Parmer Mexico, Mo. Gilbert, Archibald South Carolina.... 61.... Parmer Mount Vernon, Mo. Gilbert, SaSuel A Illinois 29. ...Lawyer Weston, Mo. (lilstrap, Aoner L Indiana 51. ...Lawyer Macon City, Mo Grammer, Joel M Tennessee 40.. ..Merchant Oassville, Mo. Green, Moses P Virginia 47.. ..Lawyer Hannibal, Mo. Harris, Thos. B Kentucky 60.. ..Farmer Concord, Mo. Henderson, David Virginia 63.... Physician Dent Court House, Mo. Names of Members. Nativity. Age. Profession. Post Office Address. Holcomb^ Etban A Holdsw'orth, John H Holland, Willis S Hi^hes, Benj. F Hume, Joseph F Husmann, George King, Wyllys , Leonard, Reeves , Linton, Moses L , HcKltnan, John F Mcpherson, Archibald M.. Mack, John A , Mart*, Alex. H , Meyer, Ferdinand Mitchell, James P Mortoi, TVm. A Newgent, Andrew G Nixdorf, Anton F Owenfj* James W Pecfe, Dorastus Kankin, Jonathan T Kohrer, Philip J St. (J-em, Gustavus Smith, Eli t Smith, Knight G Strong, George P Sutton, James T Sweariugeu, John E. Switzler, "Wm. F Thilenius, Geo. C "WeathTrby, Lewis H ■Williams, Jeremiah Williams, Eugene ...Ohio ...New York.... . ..Kentucky ...Missouri . ..Missouri ...Germany . . .Connecticut , . . . . ..Missouri ...Kentucky ...Ohio »,. North Carolina. . ..Virginia ...■Virginia ...Prussia , . .Pennsylvania . . . . ..Kentucky >.. Indiana . ..Prussia ...Missouri . .New York ...Tennessee . ..Germany ...Missouri ..Ohio ..Virginia ..Connecticut .... ..Tennessee . ..Kentucky ..Kentucky ..Germany ..New York ..Pennsylvania .. . ..Tennessee . . .34 Lawyer ...67 Farmer . ..40.. ..Physician . . .36 Physician ...43..,. Physician ...38.. ..Nurseryman.. . .. ..62.... Merchant. . .27. . . .Major Mo. Vols. ..67.. ..Physician . .38. . . .Merchant . . .63. . . .Surveyor ....... ..68.... Farmer ..48., ..Clerk . .38 Merchant ..60.... Farmer . .63., ..Physician . .49. . . .Merchant ..33.. ..Physician ..35. . ..Lawyer . .62. . . .Physician ..43.. ..Merchant ...43.... Teacher ..40.... Merchant ..48.. ..Farmer ,. .34. . . .Physician ..61.... Lawyer ..46.. ..Farmer ..72 Clerk df Court... ..46 Editor ..36. . ..Merchant ..36.. ..Lawyer ,,... ..41..,. Physician . . 33. . . .Merchant , ..Keytesville, Mo. ..Long Branch, Mo. ...Calhoun, Mo. ..Sedalia, Mo. , ..California, Mo, ..Hermann, Mo. ,.St. Louis. ..Fayette, Mo. ..St. Louis. ..Osage City, Mo. ..Altenburg, Mo. , -Springfield. Mo, ..Troy, Mo. ..St, Louis. ..Primrose, Mo. ..Liberty, Mo. ..Kansas City, Mo. ..Pleasant Farm, Mo. .."Washington, Mo. . .Ironton, Mo. ..Greenfield, Mo. ,, Lebanon, Mo. ..Ste. Genevieve, Mo. ..Smithton^ Mo. ., Princeton, Mo. .St. Louis. • Coldwater, Mo. .Independence, Mo, .Columbia, Mo .Cape Girardeau, Mo. ..Maysville, Mo. .Kingston, Mo. ..Memphis, Mo. JOURNAL OF THIS MISSOURI STATE COMENTION Begun and held m the (My of St. Jjouis, on Friday, the Qih day of January, A. D. 1865, in pursuance of "An act to provide for calling a State Convention," passed by the General Assembly of said State, February 13th, 1864. AN ACT TO PEOVIDE FOE CALLING A STATE CONVENTION. Whbreas, In the opinion of the General Assembly, the condition of affairs in the State demands that a Convention of the people be called to take such action as the interest and welfare thereof may re- quire; therefore, Be it enacted by the General Assembly of the State of Missouri, as follows : Hbction 1. That an election of delegates to a Convention of the people of the State of Missouri shall be held, at the several places of voting in this State, on the Tuesday after the ftrst Monday in November, one thou.9and eight hundred and sixty -four, vrhich election shall be managed and conducted by the sher- iffs, or other proper officers, of the counties, respectively, in the same manner, and ac- cording to the same rules and regulations, as are now prescribed by law for the election of members of the General Assembly; and the Govei-nor is hereby required and directed to issue his proclamation to the several sheriffs of the State, immediately after the passage of this act, requiring them to hold and con- duct said election according to law, and the said sheriffs shall advertise the time and place of holding said election, for at least thirty days before said election, by publica- tion in the several newspapers of their re- spective counties, and by posting notices at ten public places in each county. Sbc. 2. Each State Senatorial District, as now constituted by law, shall be entitled to elect twice as many delegates to said Con- vention, as said district is now entitled to members in the State Senate. Sec. 3. No person shaU be a member of said Convention who shall not have attainted to the age of twenty -four years, who shall not be a free white male citizen of the United States, who shaU not have been a citizen of this State two years, and of the district he represents one year, next before his election, and who is not otherwise qualified in accord- ance with existing laws and ordinances of the State, prescribing the necessary qualifi- cations of members of the General Assembly . Sec. 4. In all districts, composing two or more counties, the clerks of all the counties shall transmit to the clerk of the county first named by the law now forming said district, or in case there be no such clerk there, then to the clerk of the county as shall have one next named by the law, now foi-ming said district, on the thirtieth ayd succeeding said election, a certificate, under their hands, of the number of votes given for each candidate in each respective county, and said returns shall be sent by special mes- sengers, who shall receive the sum of five dollars a day for their sendees, to be paid out of the treasury of the county from which said return may be sent. The clerk of 6 the county, to which returns shall be made, after examinirjg the same, shall give to the person showing the highest number of votes (including the soldiers' vote), according to the number of delegates to which each dis- trict is entitled, certificates of election under the seal of his office, and said clerks shall also certify said returns to the Secretary of State, as now provided by law in case ot the election of Senators. Sec. 5. The delegates elected under the provisions of this act, shall assemble in St. Louis, on the 6th day of January, 1865, and organize themselves into a Convention by the election of a President, and other officers as they may deem necessary, and shall pro- ceed to consider, first, such amendments to the Constitution of the State as may be by them deemed necessary for the emancipation of slaves; second, such amendments to the Constitution of the State as may be by them deemed necessary to preserve in purity the elective franchise to loyal citizens, and such other amendments as may be by them deemed essential to the promotion of the public good. Sec. 6. Said Convention shall adopt such rules and regulations for its government, and the proper transaction of business, as they shall think proper. They shall have the same privileges as the members of the General Assembly now have by law; and the officers, members, and assistants of said Convention, shall receive the same compen- sation as is now allowed by law to the offi- cers, members, and assistants of the House of Eepresentatives, and said compensation shall be allowed and paid them in the same manner. Sec. 7. In cases of contested elections to said Convention, the contending candidates shall pursue the same course, and be gov- erned by the same rules, as are now pre- scribed by law in relation to contested elec- tions for members of the General Assembly; and the Convention shall be the judge of all such contested elections for membership therein. Sec. 8. In case of vacancy occurring in said Convention, by death, resignation, or otherwise, of any member, the same shall be flUed in the same manner as now pre- scribed by law for filling vacancies in the State Senate. Sec. 9. All persons qualified to vote for members of the General Assembly under existing laws and ordinances, shall be enti- tled to vote for delegates to said Convention. Sec. 10. At the time and places of voting aforesaid, the qualified voters of said State shall be permitted to vote "for a State Con- vention' ' or ' 'against a State Convention, ' ' and the votes so cast shall be certified and returned to the Secretary of State, with the retm-ns for the delegates to the Convention ; and if a majority so voting shall have voted "for a Convention," the Convention "shall assemble, and proceed to the dischai-ge of the duties assigned to that body under this act; but if a majority so. voting shall have voted ' 'against a Convention, ' ' the Conven- tion shall not assemble, nor shall the dele- gates elected have any authority to act in the premises; and the Secretary of Staff- shall announce the result of said election on the 20th day of December next thereafter. This act shall take effect and be in force from and after its passage. Approved, February 13, 1864. Office Secretary op State, 1 City of Jefferson, Missouri, j I, MoRDBCAi Oliver, Secretary of State, in pursuance of an act of the General Assem- bly entitled ' 'An act to provide for calling a State Convention," approved February 13th, 1864, do hereby announce, that of the votes cast for and against a Convention, at the general election held in this State on Tuesday, November Sth, 1864, a large ma- jority were cast in favor of a Convention. The members elect of the Convention will therefore assemble in the city of St. Louis, on the 6th day of January, 1865. In testimony whbkeop, I have hereunto set my hand and affixed the seal ol [l. s.] office, at office, in the city of Jeffer- son, this 20th day ol December, 1864. M. OLIVEK, Sec'y of State. The Missouri State Convention assembled in the small hall of the Mercantile Library building, in the city of St. Louis, on Friday, the sixth day of Januai-y, eighteen hundred and sixty-five, pui-suaut to the above act, and was called to order by Charles D. Drake, of St. Louis, who nominated Arnold Krekbl, of St. Charles, as tem- porary Chairman, who was elected. On motion of Ferdinand Meyer, of St. Louis, Amos P. JFoster of Franklin county, was elected to act as temporary Secretary. On motion of Mr. Drake, Rev. Thomas Cole was invited to open the Convention with prayer, which he came forward and did. Mr. Strong of St. Louis, offered the fol- lowing resolution, which was adopted: Resolved, That the Chair appoint a com- mittee of five to receive and examine the credentials of members of the Convention, and that the committee be directed to report to-morrow morning at 10 o'clock. The Chair appointed the following as such committee, viz : Messrs. Strong, of St. Louis; Green, of Marion; Bonham, of An- drew; Mack, of Green, and Sutton, of Wayne. Mr. Meyer of St. Louis, offered the fol- lowing resolution : Resolved, That a committee of three be appointed by the Chair, whose duty it shall be to contract with a suitable person, pro- perly qualified, to report the proceedings of this Convention, and that they report to morrow morning at 10 o'clock. Upon suggesrion, the resolution was tem porarily withdrawn. Mr. Green, of Marion, oflerfed the follow- ing resolution, which was adopted: Resolved, That a committee of five be ap- pointed by the Chair to i-eport what ofHocrs are necessaiy to be appointed by the Con- vention for the transaction of its business. The Chair appointed the following as such committee, viz: Messrs. Green, of Marion; Owens, of Franklin; Gilstrap, of Macon; Drake, of St. Louis, and Fletcher, of Jef- ferson. Mr. D'Oench, of St. Louis, offered tluj following I'esolution, which was adopted: Resolved, That a committee of three be appointed by the Cliair, for the purpose of perfecting the arrangements in i-eference to the hall and seats for the accommodation and use of the Convention. The Chair appointed as such committee the following gentlemen, viz : Messrs. D'Oench, Bush, and Meyer, of St. Louis. Mr. Owens, of Franldin, offered the fol- lowing resolution, whicli was adopted: Resolved, That a committee of three be appointed by the Cliair to report rules tor the government of this Convention and it« pi-oceedlngs. The Chair appointed as such committee, Messrs. Owens, Clover, and ThUcnius. Upon motion, the Convention adjourned tiU 11 o'clock to-morrow morning. SECON^D D^Y. The Convention met pursuant to adjourn- ment. Prayer by Rev. Thomas Cole. The Secretary called the roll, and the fol- lowing members answered to their names : Messrs. Bedford, Bonham, Biidd, Bunco, Bush, Childress. Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Evans, Filley, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Grammer, Green, Harris, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hmne, Husmann, King, Ki'ekel, Leonard, Lin- ton, McKernan, McPherson, Mack, Mar- tin, Meyer, Mitchell, Morton, Newgent, Nixdorf, Owens, Peck, Rankin, Smith of Mercer, Smith of Worth, Sti-ong, Sutton, Swearingen, Switzler, Thilenius, Weath- erby, and Williams of Caldwell. SATURDAY, January 7th, 1865. The journal of yesterday's proceedings was read, and, on motion of Mr. Drake, the Secretary was ordered to strilie out the word "honorable" where it occurs in the records. Journal of proceedings approved. Mr. Strong, Chairman of the Committee on Credentials, presented the following re- port: The Committee on Credentials would re- spectfully report that the following persons appear to have been duly elected members of this Convention: Prom the First Senatorial Distrlc1>— Arnold Krekel, of St. Charles county. From the Second Senatorial District — John W. Gamble, of Audrain county, and Alex- ander H. Martin, of Lincoln county. From the Third Senatorial District — Wil- 8 liam F. Switzler, of Boone county, and Thomas B. Harris, of Callaway county. From the Fourth Senatorial District- Moses P. Green, of Marion county, and, JohnH'. Hoidsworth, of Monroe county. From the Fifth Senatorial District— James P. Mitchell, of Lewis county. From the Sixth Senatorial District— Ethan A. Holcomb, of Chariton county, and Reeves Leonard, of Howard county. From the Seventh Senatorial District^- Abner L. Gilstrap, of Macon county, and IshaniB. Dodson, of Adair county. From the Eighth Senatorial District — John H. Ellis, of Livingston county. From the Ninth Senatorial District — Knight G. Smith, of Mercer county, and William H. Folmsbee, of Daviess county. From the Tenth Senatorial District— Jere- miah Williams, of Caldwell county. Prom the Eleventh Senatorial District — David Bonham, of Andrew county, and John H. Davis, of Nodaway county. Fi-om the Twelfth Senatorial Distiict — Lewis, H. Weatherby, of DeKalb county, and Eli Smith, of Worth county. From the Thirteenth Senatorial Districf^- Samuel A. Gilbert, of Platte county, and WiUiam A. Morton, of Clay county. From the Fourteenth Senatorial District- John R. Swearingen, of Jackson county, and Andrew G. ISTewgent, of Jackson county. From the Fifteenth Senatorial District — Willis S. Holland, of Henry county. From the Sixteenth Senatorial District — Frederick M. Fulkerson, of Saline county, and Benjamin F. Hughes, of Pettis coimty. From the Seventeenth Senatorial District — Jonathan T. Rankin, of Dade county, and Phnip J. Rohrer, of Cedar county. From the Eighteenth Senatorial District — Joel M. GTammer, of Barry county, and Archibald Gilbert, of Lawrence county. From the Nineteenth Senatorial District — Robert L. Childress, of Webster county, and John A. Mack, of Green county. From the Twentieth Senatorial District — Rives C. Cowden, of Polk county, and John Esther, of Laclede county. ' From the Twenty -first Senatorial District — .James W. Oweiis, of Franklin county, and George Husmanii, of Gasconade county. From the Twenty-second Senatorial Dis- trict — Ellis G. Evans, of Crawford county, an djDavid Henderson, of Dent county. From the Twenty-third Senatorial Dis- trict — JohnW. Fletcher, of Jefferson county. From the Twenty-fourth Senatorial Dis- trict^-Dorastus Peck, of Iron county, and .Tames T. Sutton, of Wayne county. From the Twenty -flftli Senatorial Dlstiict — Alfred M. Bedford, of Mississippi county, and Samuel T. Davis, of New Madrid county. From the Twenty-sixth Senatorial District — George C. Thilenius, of Cape Girardeau county, and Archibald M. McPherson, of Perry county. From the Twentv-seventh Senatorial Dis- trict—John P. McKernan, of Cole county, and Anton P. Nixdorf, of Miller county. From the Twenty-eighth Senatorial Dis- trict^-nJoseph F . Hume, of Moniteau county, and Harvey Bunce, of Cooper county. From the Twenty-ninth Senatorial Dis- trict— William D'Oench, of St. Louis county; Henry A. Clover, of St. Louis county; Wyl- lys King, of St. Louis county; Chaunceyl. Filley, of St. Louis county; Charles D. Drake, of St. Louis county; Ferdinand Meyer, of St. Louis county; George K. Budd, of St. Louis county; Moses L. Lin- ton, of St. Louis county; Isidor Bush, of St. Louis county, and George P. Strong, of St. Louis county. All of whom have presented certificates of election in due form, except James P. Mitchell, of the Fifth District, and George Husmanii , of the Twenty-first District, whose certificates have been left at home, or have failed to reach them; also, Messrs. Rankin and Rohrer, of the Seventeenth Dis- trict, who havp presented certificates from the Secretary of State. The Committee are satisfied that these four gentlemen have been duly elected members of this Convention. The (Committee, therefore, recommend that the above named persons be enrolled as members of this Convention. All of ^\hich is respectfully submitted. GEORGE P. STRONG, Chairman. St. Louis, January 6, 1864. Mr. Grebn, Chairman of the Committee on Permanent Officers, made the following report: To the President of the Missouri State Gomien- tion: The committee appointed to report on per- manent officers needed by the Convention for the transaction of business, beg leave to report as foUows: That, in their opinion, there should be a President, Vice President, Secretary, Assistant Secretary, Doorkeeper, and Sergeant-at-arms. Respectfully submitted, M. P. GREEN, Chairman. On motion of Mr. Drake, the Convention proceeded to the election of permanent offi- cers. Nominations for President being in order, Mr. OwBNS placed in nomination Mr. Henry A. Clover, of St. Louis. Mr. FoLMSBKE placed in nomination Mr. Arnold Krekel, of St. Charles. Mr. Linton placed in nomination Mr. George K. Budd, of St. Louis. Mr. Budd withdrew his name. The vote being taken, Mr. Ki-ekel received 30 votes, and Mr. Clover received 20 votes, as foUows : For Mr. Krekel— Messrs. Bonham, Chil- dress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, Drake,' Ellis, Esther, Filley, Folmsbee, Gamble, Fulkerson, Gil- bert of I/awrence, Gilstrap, Green, Hol- comb, Holdsworth, Holland, Hume, Hus- mami, King, Linton, McPherson, Mack, Martin, Mitchell, Peek, Eankin, Eohrer, Smith of Mercer, Smith of Worth, Sutton, Weatherby, and WilUams of Caldwell— 36. For Mr. CiovER— JMessrs. Bedford, Budd, Bush, Davis of New Madrid, Evans, rietch- er, Harris, Hughes, Krekel, Leonard, Mc- Kernan, Meyer, Morton', l^^ewgent, Nixdorf, Owens, Strong, Swearingen, Switzler, and Thilenius— 20. Absent — ^Messrs. Bunce, Gilbert of Platte, Grammer, and Henderson — 4. Mi\ Krekel having received a majority of all the votes cast, was declai-ed duly elected President of the Convention, which, on motion of Mr. Bush, was declared un,ani- mous by acclamation. Upon motion, Messrs. Gilstrap and Drake were appointed a committee to conduct Mi-. Krekel to the chair, which was done. Nominations for Vice President being next in order, Mr. Clovkk placed in nomination Mr. Charles D. Drake, of St. Louis, and moved he be declared the unanimous choice of the Convention by acclamation, which was agreed to. Nominations for Secretary being next in order, Mr. Meyer, of St. Louis, placed in nomination Mr. Amos P. Foster, of Frank- lin county, for Secretary of the Convention; and, upon motion of Mr. D'Obnoh, he was declared unanimously elected by acclama- tion. Nominations for Assistant Secretary being next in order, Mr. Gilstrap placed in nomi- nation Mr. Thomas Proctor, of Macon county. Mr. Bddd placed in nomination Mr. S. E. Weed, of St. Louis. Col. J. W. Stephens and Capt. Leeper were also placed in nomination, but their names were withdrawn. The vote was then taken and resulted as follows: For Thomas Proctor — ^Messrs. Bedford, Boiiham, Childress, Davis of Nodaway, Dodson, Esther, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Green, Holcomb, Holdsworth, Holland, Hume, McKernan, McPherson, Mack, Mit- <;hell, Newgent, Nixdorf, Peck, Eohrer, Smith of Mercer, Smith of Worth, Sutton, S- viiim t ng en, Thilenius, i Weatherby, and Williams of Caldwell— 31. . . . . — For Mr. Weed — Messrs. Budd, Bush, Clover, Cowden, Davis of New Madrid, Drake, D'Oench, Evans, PUley, Fletcher, Gilbert of Platte, Harris, Husmann, Hughes, King, Leonard, Linton, Martin, Meyer, Morton, Owens, Strong, Switzler, and Mr. President — 24. Absent— Messrs. Bunce, EUis, Grammer, Henderson, and Eanldn — 5. Mr. Proctor having received a majority of all the votes cast, was declared duly elected as Assistant Secretary. Nominations for Doorkeeper being next in order, Mr. D'Oench placed in nomination Mr. Schuster, of St. Louis, and Mr. Meybe placed in nomination Mr. Henry J. Stierlin, of St. Louis, and the vote being taken stood as follows : For Mr. Stierlin- Messrs. Bedford, Bon- ham, Budd, Childress, Davis of New Mad- rid, Davis of Nodaway, Dodson, Drake, Esther, Filley, Fletcher, Folmsbee, Fulker- son, Gamble, Gilstrap, Gilbert of Lawrence, Gilbert of Platte, Green, Holcomb, Holds- worth, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan, Mc- Pherson, Mack, Martin, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Eankin, Eohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Thi- lenius, Weatherby, WUliams of CaldweU, and Mr. President — 49. For Mr. Schuster — ^Messrs. Bush, Clover, Cowden, and D'Oench — 4. Absent— Messrs. Bunce. Ellis, Evans, Grammer, Harris, Henderson, MIorton— 7. Mr. Stierlin having received a majority of all the votes cast, was declared duly elected Doorkeeper. Nominations for Sergeant-at-arms being- next in order, Mr. Strong nominated Mr. John W. Stephens, of Phelps county, and Mr. Owens nominated Mr. Hequemburg, of St. Loyiis, and the vote being taken stood as follows : For Mr. Stephens — Messrs. Bedford, Bonham, Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, Ellis, Esther, Evaas, Gamble, Gilbert of Lawrence, GUbert of Platte, Gilstrap, Green, Harris, Henderson, Holland, Holdsworth, Hume, Leonard, Mack, Martin, MitcheU, Morton, Newgent, Peck, Eanldn, Strong, Sutton, Swearingen, and Mr. President— 33. For Mr. Hequemburg — Messrs. Budd, Bunce, Bush, D'Oench, Drake, Filley, Fletcher, Folmsbee, Fulkerson, Holcomb, Hughes, Husmann, King, Linton, McPher- son, McKernan, Meyer, Nixdorf, Owens, Smith of Mercer, Thilenius, and Williams or Caldwell— 22. Absent — Messrs. Grammer, Eohrer, Smith of Worth, Switzler, Weatherby— 5. Mr. Stephens hawng received a majority of all the votes cast, was declared duly elected Sergeant-at-arms. 10 Upon motion of Mr. Budd, the law au- thorizing the holding of this Convention was ordered to be spread upon the journal. Mr. GiLSTKAP oifered the following reso- lution, which was read and agreed to: Resolved, That the President appoint two Pages for the Convention. The Pkesidekt appointed Masters George H. Pratt and Charles A. T. Stock, as Pages. Mr. Deake offered the following resolu- tion: Resolved, That the Rev. Thomas Cole be appointed Chaplain ol the Convention during its sessions. Mr. Strong offered the foUovnng as a substitute: 'Resolved, That a committee of three be appointed to arrange with the loyal clergy- men of St. Louis to attend the meetings of this Convention each morning, to open them with prayer. Mr. FiLLEY offered the foUomng resolu- tion: Resolved, That the Eev. Mr. Cole be ap- pointed by the President Chaplain of the Convention, and that a committee of three be appointed to arrange with the loyal clergy of the State to open the proceedings of tS«» Convention every morning VFith prayer. After debate, the substitute offered by Mr. Strong was adopted. On motion, the Convention adjourned un- til next Monday morning at 10 o'clock. THIRD DA.Y, Convention met pursuant to adjournment, the President in the chair. Prayer was offered by Kev. Dr. Nelson. The Secretary called the roll of members, and the following gentiemen answered to their names : Messrs. Bedford, Bonham, Budd, Bunce, Push, ^ Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, EUis, Esther, Evans, Filley, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Grammer, Green, Harris, Holcomb, Holdsworth, Holland, Hughes, Hume, King, Leonard, Linton, McKenian, McPherson, Mack, Martin, Meyer, Mitchell, Morton, Newgent, Nixdorf, Owens, Peck, Eankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Thi- lenius, Weatherbj', Williams of Caldwell, and Ml-. President^-58. Absent — Messrs. Henderson, Husmann, and Eohrer — 3. The journal of the proceedings of the last session was read and approved. Mr. Meyer offered the following resolu- tion, which was adopted: Resolved, That a committee of three be ap- pointed, whose duty it shall be to contract with a suitable person or persons, properly ciualiiied, to report the debates and proceed- ings of this Convention. Mr. D'Oench offered the following resolu- tion, which was adopted: MONDAY, January 9th, 1S65. Resolved, That the oath of the Convention be administered to the Secretarj', Assistant Secretary, Doorkeeper and Sergeant-at-arms. Judge Owens came forward and adminis- tered the oath to the said officers. Mr. Strong, from the Committee on Cre- dentials, submitted the following: The Committee on Credentials would re- spectfully report, that William B. Adams has presented a certificate of his election as a member of this Convention, in due form, and we recommend that he be enrolled as a mem- ber of this body, from the First Senatorial District. By order of the committee. GEO. P. STRONG, Chairman. St. Louis, Jan. 9, 1865. Ml'. Budd offered the following resolution , which was withdrawn : Resolved, That in the absence of the report of the Committee on Rules for the govern- ment of this Convention, the rules contained in Jefferson ' s Manual shall govern this body . Mr. Owens, Chairman of the Committee on Rules for the Government of the Conven- tion, presented the following report: Mr. President : The committee which was appointed to report rules for the govern- ment of this Convention, would i nnst re- s negtivelv report, that they recommend tlwi adoption of the rules adopted by a Conven- tion which assembled in the City of Jeffer- son, on the 17th day of November, 1845, and found on pages 11, 12, 13, 14, 15 and 23, 11 except the following words In rule No. 49: ' ' And no member shall be allowed pay for any day that he shall be absent from me ses- sion ot the Convention, unless he shall be prevented from attendmg from sickness . ' ' We also recommend the adoption of the following additional riUe : ' ' That it shall be the duty of the Vice President to discharge the duties of the Chair when the President of the Convention shall be temporarily absent, and when the President shall be otherwise engaged. ' ' Your committee vs^ould further recommend the adoption of this report, and that one hundred copies of said rules be printed for the use of the Convention . OWENS, Chah-man. Upon motion, the report was adopted. The rules reported are as follows: BULES FOB THE GOVERNMENT OP THE CONVEN- TION TO REVISE AND ALTER THE CONSTITU- TION OP THE STATE OP MISSOURI. OP THE PRESIDENT. Mrsi. He shall take the chair eveiy day at the hovir to which the Convention shall have adjourned; shallimmediately call the mem- bers to order, and, on the appearance of a quorum, shall cause the journal of the jweceding day to be read. Secorid. He shall preserve order and de- corum ; may speak to points of order in preference to the members, rising from his seat for that purpose; and shaU decide all questions of order, subject to an appeal to the Convention, by any two members; on which appeal no member shall speak more than once , unless by leave of the Convention. , Third. He shall rise to put a question, but may state it sitting. _.^ •<■ ' Fourth. Whew a VjiT^'tion has been put, if the President doubts, or if a division be called for, the Convention shall divide; those in the affirmative shall rise from then- seats, and .afterward those in the negative. The President shall then arise and state the deci- sion of the Convention. Fifth. All committees shall be appointed by the President, unless otherwise specially directed by the Convention, in which case they shall be appointed by an open vote of the Convention. Sixth. The President shall examine and correct the journal before it is read; he shall have a general superintendence of the hall ; he shall have the right to name any member to perform the duties of the Chair; but such substitution shall not extend beyond an ad- journment. Seventh. In case of any disturbance or dis- orderly conduct in the lobby, he (or the Chairman of the Committee of the Whole Convention) shall have power to order the same to be cleared. Eighth. No person shall be admitted within the bar but members and officers of the Con- vention, and such other persons as may be invited by a member of the Convention to a seat TOthin the bar. OP DBCOEUM AND DEBATE. Ninth. When any member is about to speak in debate, or deliver any matter to the Con- vention, he shall rise from his seat and respectfully address himself to the President. Tenth. If any member, in speaking, or otherwise, shall transgress the rules of the Convention, the President shall, or any member may, call to order; in which case the member so called to order shall imme- diately sit down, unless permitted to explain; and the Convention, if appealed to, shall decide on the case, but without debate; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censm'e of the Convention. Eleventh. When two or more members shall rise at once, the President shall name the person who is first to sjjeak. Twelfth. No member shall make use of any intemperate, personal, or improper lan- guage, nor commit any breach of order during the session of the Convention. Thirteenth. No member shall speak more than twice on the same question, vyithout leave of the Convention; nor more than once, until every member choosing to speak shall have spoken. Fourteenth. Whilst the President is putting any question, or addressing the Convention, no person shall walk out of, or across, the hall; nor in such case, or when a member is speaking, shall entertain private discourse; nor whilst a member is speaking, shall pass between him and the Chair. Fifteenth. No member shall vote on any question in the e^ent of which he is imme- diately and particularly interested, or in any other case when he was not present when the question was put, without leave of the Convention . Sixteenth. Upon a division and count of the Convention on any question, no member without the bar shall be counted. Seventeenth. Every member who shall be in the Convention when a question is put shall vote, unless the Convention, for special reasons, shall excuse him. Eighteenth. All motions and propositions shall be in writing, and signed by the mover, except motions to adjourn, to refer, to post- pone, to print, to lay on the table, or for the previous question, or leave of absence; and every member making a proposition shall, in his place, read it distinctly to the Convention. Nineteenth. When a question is made and seconded, it shall be stated by the President, or, being in writing, it shall be handed to the Secretary, and by him read aloud before debated. Twentieth. After a motion is stated by the President, or read by the Secretaryj it shall be deemed to be in the possession of the Convention, but may be withdrawn at any time before a decision or amendment. 12 Twemiy-jirst. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely ; which several motions shall have precedence in the order in which they are arranged, and no motion to postpone to a day certain, to commit, or postpone indefinitely, being de- cided, shall be again allowed on the same day, and at the same stage of the proposi- tion. Twenty-second. A motion to adjourn shall always be in order, and shall be decided vsdthout debate. Twenty-third. All questions except those enumerated in rnle twenty-first, shall be put in the order in which they are moved, except that in filling up blanks, the largest sum and the largest time slwdl be first put. ^ Twenty -fourth. The previous questioji shall be in this form : ' 'Shall the main question be now put?' ' It shall onl3' be admitted when demanded by two-thirds of the members present; and until it is decided, shall pre- clude all amendments and further debate of the main question, and must be decided without debate. Twenty-fifth. When the Convention ad- journs, every member shall keep his seat until the President leaves his seat. Twenty-sixth. Any member may call for a division of the question when the sense will admit of it. Tweniy-seoenth. A motion for commit- ment, till it is decided, shall preclude all amendments of the main question. Tieenty-eighth. Motions, reports and other business may be committed at the pleasiu-e of the Convention . Twenty-ninth. No new motion or proposi- tion on a subject diiferent fi-om that under consideration shall be admitted under color of amendment, or as a substitute for the motion or propofition under debate. Thirtieth. When a motion or proposition has been once carried in the affirmative or negative, it shall be in order for any member of the prevailing party to move for the con- sideration thereof at any time withiii three sitting days after such decision, provided that the proposition which may be adopted or rejected shall always be subject to recon- sideration after two days' notice being given thereof. Thirty-first. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the Convention. Thirty-second. The unfinished business in which the Convention was engaged at the time of the' last adjournment, shall have the preference in the orders of the day; and no motion, or any other business, shall be received without special leave of the Con- vention, until the former is disposed of; but any business that is made the order of a particular day, shall have the preference over other business on that day. Thirty-third. Any seven members shall be authorized to compel the attendance of ab- sent members when there is no quorum present. -^ -^ ^-, Thirty-fmrih. Any two members shall have the right to call for the ayes and noes on ^ny question. Thirty-fifth . No member shall absent him- self from the Convention, unless he have leave, or be sick and unable to attend. Thirty-sixth. There shall be a committee of elections, whose duty it shall be to examine and report upon the credentials of the members returned to serve in this Convention. Thirty-smenth. No standing rule shall be rescinded or altered without one day's notice being given of the motion therefor. Thirty-eighth. The Secretary of the Con- vention shall attend during its session ; shall make out and keep its journals ; seasonably record all its proceedings; keep regular files of the papers; attest all process Issued by the Convention, and execute the commands of the Convention. Thirty-ninth . The Secretary sh all not suffer any records or papers to be taken out of his custody by any member or other person. Fortieth. No standing rule or order of the Convention shall be suspended or dispensed with, without the concurrence of two-thirds of the members present. Forty-first. The Convention may, at any time, resolve itself into a Committee of the Whole, to consider the existing Constitution, and such propositions for the amendment or alteration thereof, as shall be referred to or made in such committee. Forty-second. In forming the Committee of the Whole, the President shall leave the Chair, and a chairman to preside in com- mittee shall be appointed by the President. Forty-third. Every toerfibeE addressing the Convention, shall confine himself strictly to the subject matter under debate. Forty-fourth. There shall be a standing committee of five, whose duty it shall be to revise every article or amendment of the Constitution, after it is adopted by the Convention, and report the same to the Convention on the next day, or as soon thereafter as practicable ; and after bemg thus reported, it shall be read on two sever^ days before it shall be finally acted on ; and if amended after being thus reported, it shall again in like manner be referred to, and reported by, the said committee, and again acted on by the Convention in the maimer above provided. Forty-fifth. All select committees shall consist of three members, unless othei-wise ordered. Forty-sixth. All committees shall be ap- pointed by the President, unless otherwise ordered. Forty-seventh . All questions relating to the priority of debate shall be acted on without debate . Forty-eighth. No member or other person shall be permitted to smoke vsdthiii the hall or lobby at any time whatever. 13 Porty-ninth. A oommiteee of three mem- bers shall he appointed hy the President, who Shan scrutmlze and pass upon all ac- counts, and keep in a hook a correct state- ment thei-eof, and shall take the necessary steps to prevent the allowance of all improper and unjust claims. Fiftieth. In all cases not provided for in these rules, the parliamentary practice con- tained in Jefferson's Manual shall govern the Convention. Fifty-first. _ When a proposition is made to amend the Constitutioh, it shall he read the first time for information, and if no ob- jection be made thereto, it shall be ordered to a second reading, as a matter of course; but if objected to on the first reading, the only question shall be : " Shall the proposi- tion be rejected?" If not rejected, it shall go to a second reading , as a matter of course ; and the secon^ reading shall be on a subse- quent day. After the second reading, it may be referred, amended, or otherwise dis- posed of, as a bill on its second reading; and before it is ordered to a third reading, it shall be engrossed , and upon the third read- ing the question shall he : " Shall the amend- ment be adopted?' ' and if adopted, it shall go without a question to the Revising Com- mittee. Fifty-second. That it shall be the duty of the Vice I*resident to discharge the duties of the Chair when the President of the Conven- tion shall be temporarily absent, and when the President shall be otherwise engaged. Mr. D'Obnch offered the following reso- lution : Mesolved, That the Sergeant-at-arms be instructed to procure, dunng the session of the Convention, for each member, one copy of the Daily St. Louis Democrat. Mr. Habbis moved to amend by adding thereto one copy of the Daily St. Louis Republican for each member. Mr. BoNHAM moved to amend by allowing each member five daily papers — the members to make their own selection . On motion of Mr. Owens, the resolution and proposed amendments were laid upon thei table. Mr. BuDD offered the following resolu- tion: Resolved, That this Convention may resolve itself, at any time, into a Committee of the Whole, on demand of any pne member, seconded by a ma,jority of the Convention; and, when so sitting, the President shall vacate thp Chair, and call any member to preside over the Committee. The President stated that this proposition was embraced in the rules as adopted, where- upon Mr. BuDD withdrew his resolution. Mr. Strong offered the following resolu- tion: Resolved, That the Committee on Printing be instructed to have a sufficient number of the' rules, adopted for the government of this body, printed for the use of the mem- bers. The matter embraced in this resolution, being embodied in the report presented by Mr. Owens, the resolution was withdrawn. Mr. Owens offered the following ordi- Be it ordained by the People of the State of Mis- souri, in Convention assembled: Section 1. The twenty-sixth, twenty- seventh, and twenty-eighth sections of the third article of the Constitution are hereby abrogated. Sec. 2. That an ordinance passed by the Convention of the State of Missouri, on the first day of JiUy, 1863, entitled "An -ordi- nance to provide for certain amendments of the Constitution, and for emancipation of slaves," be, and the same is hereby, abol- ished. Skc. 3. That hereafter, in this State, there shall be neither slaveiy nor involuntary servi- tude, exceptin punishment of crime, whereof the party shall, have been duly convicted; and all persons held to service or labor, as slaves, are hereby declared free. Mr. D'Oench offered the following as a substitute : AN ORDINANCE FOB THE ABOLITION Oi' SLAVERY IN THE STATE OP MISSOURI. Be it ordained by the People of the State of Mis- souri, in Convention assembled, as follows: Slavery and involuntary servitude, except for crime, are hereby abolished in this State; and all negroes and mulattoes now held as slaves in Missouri, shall become absolutely free from and after the passage of this ordi- nance. Mr. Strong offered the following ordi- nance of emancipation: AN ORDINANCE FOR THE ABOLITION OP SLAVE- RY IN THE STATE OF MISSOnRI. Whereas, The system of American slavery, originating in grievous wrong to a weak and helpless race, Has proved a fruitful source of discord and alienation among the States of the Federal Union — a fatal error in our republican principles, desti-uctive of the peace of the nation, of the prosperity of our civil institutions, and has at length involved us in a rebellion, unprovoked, inexcusable in its origin, and unparalleled in the atrocity and wickedness of its prosecution; therefore, in the name of justice and humanity — to promote the welfare of the African race — the peace and prosperity of this Commonwealth, and the perpetual union of these United 14 States — Invoking the blessing of Almighty God ujoon the act — we, the people of Mis- souri, in Convention assembled, do ordain and declare — First — That slavery in Missouri is hereby abolished, and all those heretofore held in bondage within this State, ai-e hereby eman- cipated. Second — That hereafter, in this State, there shall be neither slavery nor involuntary servitude, except in punishment of crime, whereof the party shall have been duly con- victed. Third — That all provisions of the present Constitution of this State, and all laws and ordinances inconsistent with the provisions of this ordinance, are hereby repealed and abrogated. Mr. FiLi.isY ofiered the following resolu- tion : Mesolved, That all ordinances or propo- sitions concerning the amending or chan^ng the present Constitution, shaU be referred, without debate, to the proper committees which shall be appointed by the President. Mr. OwBNS offered the following resolu- tion: Resolved, That the ordinance introduced by Mr. Owens, upon the subject of abolish- ing slavery in this State, and also the substi- tute offered by Mr. D'Oeuch, and the substi- tute to the substitute, offered by Mr. Strong, be printed, and made the special order fori / Tuesday, the 10th day of January, 1865, at ten o'clock. Mr. BoNHAM offered the following resolu- tion, which was withdrawn, viz: Resolved, That it is the opinion of this Convention that the interests of Missouri will be best promoted by a complete revision of the whole Constitution. Mr. Drake offered the following resolu- tion: Resolved, That the several ordinances pre- sented, with all resolutions in relation thereto, be postponed tiU to-morrow at 10 o'clock. Upon which motion he demanded the ayes and noes, and the vote being taken, stood as follows: Aybs— Messrs. Adams, Bedford, Bonham, Budd, Bunoe, Bush, Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Filley, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lavra'ence, Gilbert of i?latte, Gilstrap.Grammer, Green, Harris, Holcomb, Hoklsworth, Holland, Hughes, Hume, King, Leonard, Linton, MoKernaUj McPherson, Mack, Martin, Meyer, Mitchell, Morton, Newgent, Nix- dorf, Owens, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearin- gen, Switzler, Thilenius, Weatherby, Wil- liams of Caldwell, and Mr. President— 58. Nobs — None. Absent— Messrs.' Henderson, Husmann, and Eohrer. So the resolution of Mr. Drake was adopted. Mr. Drake offered the following resolu- tions, which were adopted: Resolved, That the following committees be appointed by the President: 1st. A Comniittee on Boundaries , to whom shall be referred the first article of the pres- ent Constitution. 2d. A Committee on the Legislative De- partment, to whom shall be referred the third and thirteenth articles of the present Con- stitution. 3d. A Committee on the Executive De- partment, to whom shall be referred the fourth article of the present Constitution . 4th . A Committee on the Judicial Depart- ment, to whom shall be referred the fifth article of the present Constitution. 5th. A Committee on Education, to whom shall be referred the sixth article of the pres- ent Constitution. 6th. A Committee on Internal ImjDrove- ments, to whom shall be referred the seventh article of the present Constitution. 7th. A Committee on Banks, to whom shall be referred the eighth article of the present Constitution. Sth . A Committee on the 3Iilitia, to whom shall be referred the ninth article of the present Constitution. 9th. A Committee on the Seat of Govern- ment, to whom shall be referred the eleventh article of the present Constitution. 10th. A Committee on the Mode of Amend- ing the Constitution, to which shall be referred the twelfth article of the present Constitution. Uth. A Committee on Miscellaneous Pro- visions, to whom shall be referred such parts of the present Constitution as are not, by the foregoing terms of this resolution, di- rected to be referred to some other commit- tee. Resolved, That each of said committees shall consist of seven members. Resolved, That the President of the Con- vention be ex-officio a member of each of said committees . Resolved. That each of said committees shall carefully examine the parts of the present Constitution referred to them respec- tively, and report to the Convention such amendments thereof as they may consider expedient. Resolved, That all propositions to amend the Constitution, introduced prior to the report of any committee, to which such proposition would be properly referable, shall be referred to such committee without debate. \ Mi-. Budd offered the following resolution, which was adopted: 15 Resolved, That the Sergeant-at-arms be instructed to furnishthe necessaiy stationery for the members. of this Convention. Mr. BuDD offered the following resolution, which was adopted: Resohed, That a Committee (consisting of five members) on Finance be, and the same -shall be appointed by the Chair, to whom shall bo referred all propositions and motions regarding the present condition of the finances of the State, and that such proposi- tions and motions, when so referred, shall be duly considered by the committee afore- said. Mr. Smith of Worth oft'ered the follow- ing preamble and resolution, which, on motion of Mr. Clovbr, were laid upon the table : Whertsas, All efforts, up to this time, have failed to secure to the various counties the credits they are justly entitled to for men who have actually gone into the military service; therefore, belt Resolved, That the Chair appoint a commit- tee of five to prepare a memorial to the Presi- dent of the United States, and to Congress, and the Governor of Ihis State, in reference to the di-aft, that some means maybe devised to secure tO" the various counties and town- ships credit for Uie men who have gone into the service that were residents of said coun- ties; and further, that this State may receive credit for men thatfcave gone into the South- ern army, and such others as she may be justly entitled to. Mr. lIoLCOMB offered the following reso- lution, which was adopted: Resohed, That the first three rows of seats outside the bar, and such seats as are unoccu- pied inside the bar, be reserved for ladies and invited gije^s. Mr. FiLLEY offered the foUovnng resolu- tion, which was adopted: Resolved, That the President appoint a co^yaittee of three to provide for the printing of this Convention. On motion, the Convention adjourned until to-morrow morning at 10 6^ clock. FOURTH D.i?LY. Convention met pursuant to adjournment, the President in the chair. Praj^er by the Eev. D. G. Armstrong. Tlie President directed the roll to be called, when the following members were present: Messrs. Adams, Bedford, Bonliam, Budd, Bunce, Bush, Childress, Cowden, Davis of Kew Madrid, Davis of Nodaway, Dodson, D'Oench, Ellis, Esther, Filley, Fletcher, Folmsbee, Fullterson, Gamble, Gilbert of liEwrence, Gilbert of Platte, Gilstrap, Gram- mer. Green, Harris, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, Hus- mann. King, Leonard, Lmton, McPherson, Mack, Meyer, Mithcell, Morton, Newgent, Nixdorf, Owens, Peck, Eanlcin, Smith ot Mercer, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, Williams of Cald- well, Williams of Scotland, and Mr. Presi- dent — 54. Absent — ^Messrs. Clover, Drake, Evans, McKernan, Martin, Rohrer, Switzler, and Thilenius— 8. -The jom-nal of yesterday was read by the Secretary and approved. The foUovring standing and special com- mittees were then announced by the Presi- dent: TUESDAY, January 10th, 1865. STANDING COMMITTEES. 1 .On 3oKmrfa?-se3— Messrs. I ^onard . Drake, Adams, Martin, Switzler, and Holland. 2. On Legislative Department — Messrs. Pjjikei* Bunce, Clover, Eankin, FilleyJ Green? and King. 3. On Executive Department — ^Messrs. Green .'' Ellis, Husmann, Swearingen, Dodson, Gam- ble, and Thilenius. 4 . On Judicial Department — ^Messrs . Clover , Adatn^ D'Oench, Esther, Smith of Worth, Owens, and Weatherby. 5. On Education — Messrs. gtligng, Hn^rheR, Holcomb, Williams of CaldweU, Gilbert of Platte, Evans, andHenderson. 6 . Ore Internal Improvement — Messrs . Mack , Peck, Bedford, Bonhanf, McKernan, Smith of Mercer, and Grammer. 7. On Banks — ^Messrs. Busli , Holcomb, Linton, Mitchell, Davis of Nodaway, Ful- kerson, and Sutton. 8. On Militia — ^Messrs. Newgent, Meyer,' Fletcher, Holdsworth, Hume, Bonhar^, and LeonardJ 16 9. On Seat of Government — ^Messrs. Folms- bee, Nixdorf, Childress, Cowden, McPher- son, Meyei> and Filley^ 10. Ore Mode of Amending the Constitution — Messrs. Gjlstrap",! Morton, Budcf, Swearin- gen, Hus'mann, and Strongl^ 11. Ore Misc^cmeous Provisions — Messrs. Qwens, Grilstrap, Strong^ Martin, Eohrer, Davis of New Madrid, Gilbert of Lawrence, and Harris. SPECIAL COMMITTEES. 1. On Printing — Messrs. PiUejr, D'Oencli, and King. 2. Ore Finance — Messrs. ^gjiljd, Smith of Mercer, D'Oench, King, and Switzler. 3. Committee to Employ Suitable Persons to Report Proceedings, ^c— Messrs. Meyer, Owens, and Pilley. *Si^ 4. Committee to Confer with Clergymen, ^e. —Messrs. Stgoi^g, King and D'Oench. Mr. Meter, Chairman of the Committee to employ a reporter to report the proceed- ings of the Convention, presented the fol- lowing report: The committee to whom was referred the resolution to employ a competent person to report the proceedings and debates of this Convention, report they have discharged that duty, and have employed Mr. L. £. Wal- bridge, a gentleman well qualified to dis- charge the duties, and have agreed to pay him hfteen dollars per day during the sitting of this Convention, and to commence on the 6th inst. ,Ji£_fuiyiishing additional assistance when required at his own expense. All of which is respectfully submitted. FEKDISTAND METER, Chairman. CHAUlSrCEY I. FILLEY. Bush, the report was . On motion of Mr adopted. Mr. Strong, Chaii-man of Committee on Cl'edentials, reported that Eugene "Williams, of Scotland county, member elect from the Third Senatorial District, had presenlited his credentials, that they were correct, and he recommended" that Mr. Williams be Enrolled as a member. Upon motion, the report was adopted. Mr. Williams was enrolled, and came for- ward and took the oath. Mr. Strong oifered the following resolu- tion: "^ Resolved, That the President appoint a committee of five on emancipation, to whom the various ordinances oifered yesterday, and any other similar papers, shall be re ferred , with insti-uctions to report on inst., by ordinance or otherwdse, for the emancipation of slaves and the abolition of slavery. Mr. Evans offered the following as a sub- stitute to the resolution offered by Mr. Strong: Resolved, That a committee of seven be appointed, to be called a Committee on Freedom. Mr. FiLLBY moved to lay the resolution and substitute on the table. Mr. BoDD demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — ^Messrs. Adams, Bush, Childress, Davis of New Madrid, Ellis, Esther, Filley, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Harris, Hen- derson, Holcomb, Husmann, Leonard, Mc- Kernan, Morton, Peck, Rankin, Rohrer, Smith of Mercer, Smith of Woi-th, Switzler, and Weatherby — 26. Nobs— Messrs. Bedford, Bonham, Budd, Bunce, Cowden, Davis of Nodaway, Dod- son, D'Oench, Evans, Gilstrap, Grammer, Green, Holdsworth, Holland. Hughes, King, Linton, MoPherson, Mack, Meyer, Mitchell, Newgent, Nixdorf, Owens, Strong, Sutton, Swearingen, Thilenius, Williams of Cald- well, and Mr. President — 30. Absent — Messrs. Clover, Drake, Fletch- er, Hume, Mai'tin, and Williams of Scot- land— 6. So the motion to lay on the table was dis- agreed to. Ml-. Evans then withdrew his substitute. Mr. Bonham offered thefoUomng amend- ment to the resolution offered by Mr. Strong: Strikeout the words "without delay" and [Insert ' 'on the 14th instant, ' ' which amend- ment was accepted by Mr. Strong. Mr. Budd offered the following amend- ment to the amendment: To insert the "11th instant" in place of the "14th in- stant, ' ' which was also accepted by Mr. Strong. Mr. Budd then moved the adoption of the resolution as amended. Mr. demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Adams, Bedford, Bonham, Budd, Bunce, Bush, Childress, Cowden, Davis of Nodaway, Dodson, D'Oench, El- hs, Esther, Evans, Fletcher, Folmsbee. Fulkerson, Gamble, Gilbert of Lawrence; Gilstrap, Grammer, Green, Henderson, Holdsworth, Holland, Hughes, Hume, Hus- mann, King, Leonard, Linton, McKernan. ., McPherson,Mack,Martin, Meyer, Mitchell; K^Va^Z Newgent, Nixdorf, Owens, Peck, Rohrer the 14th I Smith of Mercer, Smith of Worth, Strong 17 Sutton, Swearingen, Thilenius, Weatherby, and WiUiams of Caldwell— 50. Noes— Messrs. Clover, Davis of Nevr Madrid, Filley, GUbert of Platte, Harris, llolcombe, Morton, liankin, Switzler, and Mr. President— 10. Absent — ^Messrs. Drake, and Williams of Scotland — 2. So the resolution as amended was adopted. Mr. BoNHAM offered the following ordi- nance on emancipation, which was road the lirst time, and, on motion, the rules govern- ing the Convention were suspended, and the ordinance was read the second time by its title, and referred to the Committee on Emancipation : On Emancipation of Slaves . Section 1. All men are born free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness. It is, therefore, de- clared, that slavery and involuntary servi- tude shall cease to exist in Missouri, on the fourteenth day of Januaiy, A. D. eighteen hundred and sixty-five, otherwise than for the 'punishment of crime, whereof the party shall have been duly convicted. And all slaves within this State on that day are here- by declaimed to be free. Sec. 2. All persons held as slaves in any of the United States, or by any foreign power, that may be brought into this State for any purpose whatever, or any slaves who may come into this State of their own tVee will and accord, after the fourteenth day of January, A. D. eighteen hundred and sixty-live, are hereby declared to be free. * Sec. 3. The Legislature shall pass laws for the protection of all persons in their right to freedom, by virtue of the next two pre- ceding sections. Sec. 4. It is hereby declared that an ordi- nance entitled ' 'An Ordinance to p'ovide for certain amendments to the Constitution, and for emancipation of slaves," passed on the first day of July, A. D. eighteen hundred and sixty-three, Iw the State Convention, then in session at Jefferson City, in this State, is hereby' abrogated , and aU classes of slaves mentioned in section two of said ordinance are declared to be free in accordance with the provisions of seiction one of this article. Sec. 5. After the first day of January, A. D. eighteen hundred and seventy, the Legislature shall pass laws extending the right of suffrage to all male negroes and niulattoes in this State, or who may thereaf- ter come into this State, of the age of twenty- one years and upward. But no such law shall be of foj'ce until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election on that subject. B Sec. 6. The Legislature shall pa^s laws for the education of all persons made free by this article, between the ages of five and twenty years, and alsp for the education of all free^egrocs and mulattoes in this State, or who may hereafter come into this State, between the ages above specified. Sec. 7. The Legislature shall pass laws for the maintenance of aU freed persons left without support, and who are unable to pro- vide for themselves. Sec. 8. The Legislature shall pass laws for the protection of the person and property of all persons made free by this article, and negroes and mulattoes already free, and making them capable, in law, of contracting and being contracted with, giving them a riglit to sue and be sued in allcourts of law and equity in this State. Mr. BoNHAM offered the following resolu- tion, which was adopted: Resolved, That a committee of seven be appointed on the elective franchise and the distranchislng of rebels, and that all articles oft'ered on that subject shall be referred to said committee. Mr. Bush ofiered a resolution on repre- sentation, which was read and referred to the Committee on Legislative Department. Mr. Bonham introduced the following ordinance on education, which was read the first time, and, on motion, the rules govern- ing the Convention were suspended, and the ordinance was read a second time by its title, and referred to the Committee on Education: Section 1. The supervision of public in- struction shall be vested in a State Superin- tendent, and such other officers as the Legis- lature shall du'ect. Sec. 2. There is hereby created and established a School Fund, which shall con- sist of the proceeds of. all lands belonging to this State known as Saline lands, and of lands now or hereafter vested in this State by escheat, or purchase, or forfeiture for taxes; the proceeds of all lands that have been, or hereafter may be, granted by the United States to this State for educational purposes, including all lands granted to this State by the United States, Known as "swamp or overflowed lands ; ' ' and the clear proceeds of all fines collected in the several cities and counties for any breach of the penal laws: and the clear proceeds of all fines collected for every description of misdemeanor; and all moneys received by each county for strays forfeited by the owners thereof; and all moneys received by each comity, respectively, for licenses granted for the sale of intoxicat- ing liquors, or keeping of dram shops; and the clear proceeds of all property that may hereafter be forfeited to the State, thi-oBgit any cause whatever, the interest of wUcn, together with twenty -five per centum of the State revenue, shall be annually set apart for 18 school ijurposes, and all other revenues as the Legislature may deem proper, shall be set apart and become a perpetual school fund, and be exclusively applied to the fol- lowing objects, to wit: 1st, to the>Bupport and maintenance of common schools in each school district, and the purchase of suitable libraries and'apparatiis therefor; the residue (if any) shall be applied to the support of and maintenance of academies and normal schools. Sec. 3. The Legislature shaE provide, by law, for the establishment of district schools j and such schools shaU be free and without charge for -tuition, to all children between tlie ages of five and twenty years . In case the puWic moneys shall be insuffi- cient for tuition in any school district, the balance shall be raised by tax on all the tax- able property in such district. Sbo. '4. Provision shall be made by law for the distribution of the' income of the School Fund among the several cities and school districts of the State, for the support of common schools therein, in some just proportion to the number of childi-en and youth resident therein, between the ages of five and twenty years ; but no moneys shall be paid, out of the School Fund, to any school district either in city or township, unless a school has been kept at least thi-ee- months within the school year for which such moneys are appropriated, and all such mpneys ( if any ) shall be equally divided among the school districts in the township to which such money was originally appro- priated, according to the nuniber of children in each district between the ages above specified. Sec. 5. The Legislature of this State is hereby prohibited from loaning or usin'g the School Fund for State purposes, but shall keep it inviolate for the use and purposfe above specified: Provided, They may ]3ass laws to loan any part of the School Funds to individuals, upon good and sufficient real estate security, where the amount loaned exceeds one himdred dollars, and personal security in sums less than one hundred dol- lars, with interest not less than seven nor to exceed ten per cent, per annum, payable annually. Mr. BouHAM introduced the following or- dinance on banks and banldng houses, which was read the fii-st time, and, on mo- tion, the rules governing the Convention were suspended, and the ordinance was read the second time by its title, and referred to th? Committee on Banks : ARTICLE — . On Banks and Banking Powers . Section 1. The General Assembly may incorporate banking companies in this State, with branches to be established by the Legis- lature, but not more than one branch to each bank shall be established at any one session of the Legislature, and no bills shall be here- after issued in this State, by any banking company or institution, unless such bill or bills be secured by bonds of the United States, deposited with the United States Treasurer at Washington City, in conformity with an act of Congress i-elative to banking, approved February twenty-fifth, eighteen hundred and sixty-three. Sec. 2. All banking companies, or insti- tutions, now in existence in this State, other than those organized under the act of Congress above specified, shall cease to exist after the first day of January, A. D. eighteen hun- dred and sixty-six,' iiud all bills issued or discounted by any sucli banlv after that date shall be deemed illegal currency; and all new bills issued by any such bank's, or bank- ing institutions, after the first day of Febru- ary, A. D. eighteen hundred and sixty-five, shall be deemed illegal currency. Sec. 3. The Legislature shall pass laws prohibiting, under penalty, the circulation of illegal currency, or the issuing and circu- lating of any bill or bills, or other evidence of debt, without authority of law. Sec. 4. The Legislature shall pass laws withdrawing all bank stock owned by this State in "The Bank of the Stateof Missouri, ' '• and place the avails thereof in the hands of the State Treasurer, for the benefit and sup- port of common ^ohools-in this State; ex- cepting the seminary stock fund, which shall be held in trust for the seminary, iu« hei-etoforeheld. Sec. 5. All moneys received, as provided in this article, may be loaned to individuals upon good and sufficient real estate security, as the Legislature may direct; but the Legis- lature is herebjr prohibited from investing any of such moneys in Missouri or any other State public stocks. Mr. BoxHAM oft'ered the following ordi- nance on internal improvement, which was read a first time, and, on motion, the rules governing the Convention were suspended, and the ordinance read a second time by its title, and referred to the Committee on Inter- nal Improvement: Section 1. The Legislature of this State are forever prohibited'from passing any law for the carrying on of 'a system of internal improvements by the State , and all railro.ads . or other improvements, now in the hands of the State, or that may hereafter fall into the hands of the State, upon default of the pay- ment of any principal or interest due, or to become due, on State bonds heretofore issued to railroad companies by authority of the Legislature, shall be disposed of by the Legislature for the benefit of the State: but the State shall not carry on such railroads by State authority, nor possess any interest in such railroads, other than the 'lien or liens already in the hands of the State against such defaulting raUroad companies. Sec. 2. The Legislature is hereby pro- 19 hibited from authorizing the issue of any- State bonds to any railroad oompauies, or to any incorporated company in this State, or to aid in the oonsti-uction of any internal improvement in this State, or making any appropriation out of the State treasm-y for internal improvements. Sec. 3. The Legislature shall pass laws for the improvement of State and county roads, by the levying of a tax upon all taxa- ble property in each oounty_, respectively, said tax to be worked out by improving such roads by the overseer and residents of each road district in the State. Sec. 4. All State and county roads hereaf- ter laid out and established shall not be less than sixty feet wide, and the Legislature shall pass laws to cause all State and county roads, heretofore established, to be opened and worked, not less than sixty feet wide; and all laws passed for establishing, open- ing and repairing highways, shiillbe general ana uniform throughout the State. On motion of Mr. Owens, Mr. Clover was added to the Committee on Emancipation. On motion of Mr. Folmsbbe, Mr. Ellis was added to the same committee. Mr. Strong moved to reconsider the mo- tion by which the Emancipation Committee was appointed, and moved to lay that motion _ on the table, which latter motion was agreed to . Mr . B UDD ofltered the following resolution , which was adopted : Resolved, That the following civil and mil- itary officers be, and they are hereby specially invited, when in the city, to take seats with- in the hax of the Convention, to-wit: The Governor of the State, the Lieutenant Gov- ernor of the State, the Mayor of the city of St. Louis, the Commanding General &i the Department of theMissomi, the Commander of the District of St. Louis, and such mem- bers of the Senate and House of Representa- tives as may, from time to time, be tempo- rarily sojourning in the city of St. Louis. On motion, the Convention adjourned till 3 o'clock p. M. AFTERNOON SESSION. Convention met pm-suant to adjom-nment, the President in the Chair. A quorum being present, the Convention proceeded to business. The following Special Committee on Elec- tive Franchise was announced : Messrs. Bonham, Folmsbee, Clover, Fos- ter, Evans, Adams, and Drake. Mr. Strong, Chairman of the Committee on Credentials, reported that Mr. Gustavus St. Gem, of the Twenty-third District, had filed his credentials, and that they were cor- rect. On motion, Mr. St. Gem was enrolled as a member, and came forward and took the oath. Mr. Meyek offered the following preamble and resolution, relative to the taxation of aliens or rebels, which was read the first time for information. On motion, the rules governing the Con- vention were suspended, and it was read a second time by its title, and referred to the Committee on Fi-anchise : Whereas, Since the commencement of this rebellion, many persons claiming to be citizens, and exercising the elective franchise in times of peace and happiness, having since acted recreant to so ,high a trust and privi- lege, and having talcen an active part in treason and rebellion, aiding in the attempt to overthrow the best Government ever be- queathed to man 5 and, when overtaken in their wicked designs, claim protection of some foreign Government which they had previously scorned to owe allegiance to; and contrasting those alien enemies veith the good, true, liberty-loving foreigners, who, by thousands and tens of thousands, since the commencement of this rebellion, have rushed to the front, with musket in hand, to oflFer up their lives for the preservation of the Republic; or, unable to leave their fami- lies, have sent representative recruits, and havcfreely sacrificed their means, as well as standing in the foremost ranks against th^ abomination of slavery, and for the natural and iiiiilienable rights of man; therefore be it Resolved, That it is expedient and neces- sary for this Convention to so amend the Constitution of this State as to lay double taxes and licenses on all aliens, after a resi- dence of six yeai's; they haviog refused or neglected to become citizens, shall not be eligible to be employed by any person or persons having a public franchise under the laws of this State ; all persons that have aided the rebellion by word, deed, or act, thereby really expatriating themselves ; and , not having been convicted of treason, but refusing or neglecting to be legally endowed with citizenship, ana performing the duties required as such, ought to be treated as a public enemy, and should be debarred from holding any position of trust or profit, with' any person or persons doing business under, a license, or holding a franchise under the laws of this State, Mr. BuDD offered the following ordinance,, providing for the education of the children of the commonwealth, which was read the first time: 20 AN ORDINANCE PBOVIDING FOR THE EDUCA- TION OP THE CHILDREN OF THE COMMON- WEALTH. It shall be the duty of the Legislature, at its first session after the adoption of this Constitution, to enact a law providing for the education of every child residing in the State, when such child shall have arrived at the age of eight years; and they shaU. be educated until they arrive at thirteen yeai's of age at the expense of the State, free of all charge to parents or guardians, or those having legal charge of them ; and to provide revenue to accomplish this object, the Leg- islature shall have power by law, and it shall be its duty, to levy and collect, Irom every male resident of tfie State over twenty-one years of age a,per capita tax, and, if necessary, to obtain the end in view, power is also given to levy and collect a tax on real and personal property: Provided, No power shall be given to the legislature until five yeai-s after the adoption ol this Constitution to levy and collect a per capita tax on any person who has hitherto been a slave, but who on the adoption of this Constitution is made a free man thereby, or who has been freed by the war power of the President of the United States, or by any act of Congress. Power is also given to the Legislature, and it shall be its duty, to enact a law compelling, un- der adequate penalties, parents, guardians or others having the legal charge of children, to educate them in the State schools or pri- vate schools, from the age of eight to thir- teen years, as aforesaid: Provided, Tliey are not incapacitated from attending school by reason of physical or mental inability. Ml'. Hughes moved to amend the ordi- nance offered by Mr. Budd, by inserting ' 'eighteen, ' ' instead of ' 'thirteen, ' ' which was decided to be out of order by the Presi- dent. Mr. Holland introduced the following ordinance, declaring the qualifications of voters, which was read the first time, and laid over, under the rules, until to-morrow: AN ORDINANCE DBCLAEXNG THE QUALIFICA- TIONS OF VOTERS. Section 1. Every free white male citizen of the United States, who shall have attained to the age of twenty-one years, and who shall have resided in this State one year, the last three months whereot shall have been in the county or district in which he shall offer to vote, shall be deemed a qualified elector of all electors in this State : Provided, That no person who has tal^en up arms or levied war against the Government of the United States, or has directly or indirectly, by acts, words or otherwise, adhered to the enemies thereof, by giving them aid, com- fort, or countenance, or who has enrolled himself as a Southern sympathizer, shall ever be allowed to vote at any election in this State; unless, ijrior to this date, and since having given aid, comfort, or counte- nance to the enemies of the United States, he shall have served not less than one year in the army or navy of the United States, or in the volunteer service of this State, known as the Missouri State Militia, and shall have obtained an honorable discharge therefrom, or shall be still in said service. Sec. 2. At the general election, in the year ot our Lord 1876, the question shall be submitted to the people : ' 'Shall negroes and miUattoes be eligible to exercise the elective franchise ? " and if a maj ority of the qualified voters of the State shaU vote in fa^or of the proposition, then negroes and mulattoes shall thereafter be deemed qualified electors, as provided in the case of white men in the preceding section. Sec. 3. It shall be the duty of the General Assembly to require such oaths and provide such penalties as will effectually prevent per- sons from voting who are declared ineligible in the first section of this article. Mr. Gilbert of Platte moved that Mr. Switzler be added to the Committee on Emancipation. Mr. FoLMSBEB raised a point of order. The President decided the motion in order. The question then being demanded, the motion was lost. Mr. Fletcher offered the following reso- lution in relation to suffrage, which, was read, and, on motion, referred to the Com- mittee on Franchise: Resolved, That from and after the 1st day of April, 1865, no man in the State of Mis- souri shall be entitled to vote unless he has paid his taxes for the preceding yeai-. Any neglect of the assessor to assess the voter shall not debar him of his vote, provided he proves the assessor has neglected to place him on the book. Mr. BoNHAM offered the following ordi- nance in relation to suffrage, which was read the first time, and, on motion, the rules goveriling the Convention were suspended, and the ordinance was read the second time, and referred to the Committee on Elective Franchise: ARTICLE — . On Suffrage. Section 1. Every male person of the age of twenty-one years or upward, who is a citizen of the United States, and has resided in this State one year next preceding any election, and thii-ty days in the county wherein he ofliers to vote, shall be deemed a qualified voter at such election, and shall be eligible to any office in this State. 21 Sec. 2. Every male person of foreign birth , of tlie age of twenty-one years or upwai'd, who has resided in this State one year next preceding any election, and thirty days in the county wherein he offers to vote, and who has declared his intention to become a citizen of the United States, confermably to the laws of the United States, on the sub- ject of naturalization, shall be deemed a qualified voter at such election, and be eligi- ble to any office in this State, (Governor, Lieutenant Governor, Judges of the Supreme Court and Circuit Court excepted) , until such persons become citizens of the United States. Sec. 3. Citizens of the United States, who have resided in this State thirty days next preceding any Presidential election, shall have the right to vote for President and Vice President of the United States. Sec. 4. No person shall be allpwed to vote or hold office in this State, who has,, since the fourth day of March, A. D. eigh- teen hundred and sixty-one, levied war or talien up arms against the Government of the United States, or against the Provisional Government of this State, or siided and abetted the enemy tliereof, by furnishing subsistence of any kind or description, or by furnishing munitions of war of any kind or description, to persons belonging to, or being with, the Confederate army, or to guerrillas or bushwhackers. Sec. 5. No person shall be allowed to vote or hold offlcp in this State, -who has, since the fourth day of March, A. D. eigh- teen hundred and sixty-one, refused to aid the Government of the United States, or the Government of the State of Missouri, in suppressing the present rebellion at any time , thereby acknowledging themselves ' ' in sympathy with rebelBon. ' ' Sec. 6. No person shall be allowed to vote or hold office in this State, who has, since the fourth day of March, A. D. eighteen hundred and sixty-one, been adjudged by the. authorities to leave the State of Missouri, or who has been adjudged to take an oath and enter into bonds, on the ground of such person or pei-sous aiding or abetting the present rebellion, by speaking, writing, or publishing treasonable language against the Government of the United States, or the Government of this State. Sec. 7. All persons heretofore drafted in the State of Missouri, into the service of the United States, who are absent from the State (except absent on military duty) , and who shall not return and report themselves to the Provost Mai'shal of the district wherein he or they were drafted, before the first day of February, A. D. eighteen hundred and sixty-flve, shall be precluded from the right to vote or hold office in this State, and all persons hereafter drafted in this State, who neglect or refuse to report, to the order of the Provost Marshal of the district wherein he or they may have been drafted, shall be precluded from the right to vote or hold office in this State. Sec. 8. At the expiration of one year after the present rebellion is declared by the Government of the United States to have ended, the Legislature shall have the power to pass laws extending the right of suffrage and holding office to the classes of persons mentioned m the next three preceding sec- tions, upon such conditions, and under such restrictions, as they may deem proper for the public welfare. Sec. 9. All persons who shall hereafter levy war, or take up arms against the Gov- ernment of the United States, or against the Govei-nment of this State; or who shall aid and abet the enemy thereof, by furnishing subsistence of any kind or description what- ever, or munitions of war of any kind, or by secreting the enemy, giving them aid and comfort: or by speaWing, writing, or pub- lishing treasonable language against either Government aforesaid; or who shall refuse to aid either Government during any inva- sion, insurrection or rebellion, or who shall commit any treasonable act not herein enu- merated, shall be precluded from voting or holding office in this State. Sec. 10. No person being a defaulter to the United States, or to thisState, or to any county, township, or school district herein, or to any State or Territory within the United States, shall be eligible to any office of trust, profit or honor in finis State. Sec. 11. Laws may be passed excluding from the right of suffrage persons convicted of felony, larceny, forgeiy, briberv or other infamous crime, unless restored to civil rights. Sec. 12. All laws passed for the election of State, district and county officers, shall be general and uniform throughout the State, and all votes given for such officers shall be by ballot, not numbered. All other officers may be chosen as the Legislature may direct. Mr. GiMTRAP offered the following ordi- nance relative to the abolition of slavery in this Stiite, which was read the first time, and, on motion, the rules governing the Convention were suspended, and the ordi- nance was read the second time, and refer- red to the Committee on Emancipation : Be it ordained by the People of the State of Mis- souri, in Convention assembled: That the following be and is hereby adopted as a separate article in the Constitution of said State: ' article — . Section 1. That from and after the adop- tion of this article, slavery or involuntary servitude, except for crime, whereof the ac- cused shall be duly convicted, is hereby /cw- ever prohibited within this State. And all persons held to slavery, or involuntai-y ser- vitude, except as aforesaid, within the State, are hereby declared free. On motion of Mr. Bush, Mr. D'Oench was added to the Committee on Banks. 22 On motion of Mr. Williams of Caldwell, Mr. Budd was added to the Committee on ' Education. On motion of Mr. Fletcher, Mr. Meyer was added to the Committee on Banks. Mr. Budd ofifered the following resolution, which was read : Resolved^ That the Sergeant-at-arms be, and is hereby, required to procure and fur- nish to each member and officer, one hundred three-cent stamps, and three hundred two- cent stamps, to be paid out of the contingent fund of the Convention. Mr. FiLLEY moved to lay the resolution on the table, and demanded the ayes and noes, which being taken, the vote stood as follows : Avies — Messrs. Bush, Childress, Dodson, B'Oench, Esther, Filley, Fletcher, Fulker- son, Holcomb, Husmann,' King, Mack, Meyer, Morton, Newgent, Peck, Eankin, St. Gem, Strong, Sutton, Thilenius, "Wil- liams of Caldwell, and "Williams of Scotland —23. Nobs — Messrs. Bedford, Bonham, Budd, Bunce, Clover, Cowden, Davis of Nodaway, Ellis, Evans, Folmsbee, Gamble, Gilbert of Lawrence, Gilbert of Platte, Grammer, Harris, Henderson, Holdsworth, Holland, Hughes, Hume, Leonard, McKernan, Mc- Pherson, Martin, Mitchell, Nixdorf, Kohrer, Smith of Mercer, Swearingen, Switzler, Weatherby, and Mr. President — 32. Absent — Messrs. Adams, Davis of New Madrid, Drake, GilstrajD, Green, Linton, Owens, and Smith of "Worth — 8. So the motion to lay on the table was lost. On motion, the resolution was then adopted. J Ml'. Gkebu offered the following resolu- tion: Resolved, That in the opinion of this Con- vention we would subserve the wishes of our constituents and promote the general good of the commonwealth by reorganizing our judicial system so as to meet the wants and interests of the progressive spirit of our people, and in such reorganization for the purj)Ose of accomplishing these ends, and putting a new system in operation over the State, it is further our opinion, that it woidd be best to declare vacant all judicial offices, from the Supreme bench down, and that all vacancies for the first term be filled by the Governor. Mr. B0DD moved to suspend the rules governing the Convention, let the resolution be read the second time, and be referred to the Committee on the Judiciary. Mr. Flbtchek moved to lay the resolution on the table. Mr. Green demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Esther, Fletcher, Gilbert of Platte, Harris, Morton, Owens, Eankin, and Switzler — 8. Noes— Messrs. Bedford, Bonham, Budd, Bunce. Bush, ChUdress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, Elhs, Evans, Filley, Folmsbee, Fulkerson, Gam- ble, Gilbert of Lawrence. Gilstrap, Gram- mer, Green, Henderson, Holcomb, Holds- worth, Holland, Hughes, Hume, Husmann, King, Leonard, McKernan, McPherson, Mack, Martin, Meyer, Mitchell, Newgent, Nixdorf, Peck, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Weatherby, Wil- liams of Caldwell, Williams of Scotland, and Mr. President — 51. Absent — ^Messrs. Adams, Davis of New Madrid, Drake, and Linton — i. So the motion to lay on the table was dis- agreed to. Mr. Switzler offered the following amend- ment to Mr. Green's resolution: Strike out the words ' 'for the first term. ' ' Mr. Williams of Caldwell moved to lay the amendment offered by Mr. Switzler on the table. By request of the President, Mr. Wil- liams temporarily withdrew his motion. On motion of Mr. Green, Mr. Switzler was allowed to speak the second time on the subject of his amendment. After which, the question then being on the adoption of the amendment offered by Mr. Switzler, Mr. Williams of Caldwell demanded the ayes and noes, and the vote being taken, stood as follows, : Aybs — Messrs. Fletcher, Grammer, Leon- ard, Linton, Owens, and Switzler — 6. Noes — Messrs. Bonham, Budd, Bunce, Bush, Childress, Clover, CoWden, Davis of Nodaway, Dodson, D'Oeneh, Ellis, Esther, Evans, Filley, Folmsbee, FuUcerson, Gam- ble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Green, Harris, Henderson, Hol- comb, Holdsworth, Holland, Hughes, Hume, Husmann, King, McKernan, McPherson, Mack, Martin, Mitchell, Morton, Newgent, Nixdorf, Peck, Rankin, Bohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Weatherby, Williams of Caldwell, Williams of Scot- land, and Mr. President — 52. Absent— Messrs. Adams, Bedford, Da^ds of New Madrid, Drake, and Meyer — 5. So the amendment was disagreed to. Ml-. Strong offered the following amend- ment to Mr. Green's resolution, which was accepted by Mr. Green: 23 ytrike out the woi-ds ' 'after the first term, ' ' iinil insert the words ' ' until the first regular el(!ctlou for State officers . ' ' Mr. Owens offered tlie following as an amendment: ' 'And reduce the number of Judicial Cii-- cuits to fourteen." Ml-. Martin moved to also amend by in- serting all county court justices, all clerks of courts of record, all sherLfts, and aU asses- sors of the several counties. On motion, the Convention adjourned until to-morrow morning at 10 o'clock. FIFTH D^Y, The Convention met pursuant to adjourn- ment, the President in the Chair. Prayer was offered by liey. Mr. Cox. On calling the roll of membei-s, the follow- ing gentlemen responded to their names, viz : Messrs. Adams, Bedford, Bouham, Budd, Buuce, Childress, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Pil- ley, Fletcher, Polmsbee, Poster, Piilkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Grammer, Green, Harris, Henderson, Holcomb, Holds worth, Holland, Hughes, Hume, Husmaim, King, Leonard, Linton, McICernan, McPherson, Mack, Mar- tin , Meyer, Mitchell, Morton, Newgent, Nix- dorf, Owens, Peck, Rankin, Rohrer, St. Gem, Smith of Mercer, Strong, Sutton, Swearin<>;en , Switzler, Thilenius; Weath- erby, Williams of Caldwell. Williams of Scotland, and Mr. President — 61. Absent — Messrs. Bush, Clover, and Smith of Worth— 3. The journal of vesterday's proceedings was read by the Secretary, and approved. On motion of Mr. Pillby, Mr. St. Gem . was added to the Committee on Judicial De- partment. Mr. Strong, Chairman of the Committee on Credentials, stated that Mr. Emory S. Pos- ter, of the Pifteenth Senatorial District, had presented his credentials, and that they were correct. Mr. Foster was duly enrolled as a mem- ber, and came forward and took the oath. Mr. Budd presented an ordinance relative to changing the permanent seat of govern- ment, which was read the first time for infor- mation. On motion, the rules were suspended and it was read the second time by its title, and referred to the Committee on the Seat of Government. WEDNESbAY, January 11th, 1865. Mr. Budd offered the following ordinance providing additional qualifications for voters , preventing frauds at elections, and for other purposes . Read the first time and laid over : AN ORDINANCE PROVIDING ADDITIONAL QUALI- FICATIONS FOR VOTERSr PREVENTING FRAUDS AT ELECTIONS, AND FOE OTHER PURPOSES. Be it ordained by the People of the State of Mis- souri, in Convention assembled, as follows, to -wit ; Section 1. A registry of electors is hereby created and established in each coun- ty in the State , in which shall be kept a record of all persons qualified to vote under this ordinance. Seo. 2. The Register of Electors, in his county, shall have power, and it shall be his duty, to examine under oath all persons who make application to have their names regis- tered [as electors] , in relation to their qual- ifications as voters, which, if he find to be in accordance with the requirements of the constitution, ordinances and laws of the State, he shall issue his certificate of regis- tration, duly signed and sealed, which, when exhibited to the judges of any election, shall be prima facie evidence of tne right of the person in whose name it is issued to vote during that year. Sec. 3. Each Register shall use a seal, bearing upon it the legend of his office. Sbo. 4. No person shall vote at any elec- I tion to be hereafter held in this State, or in pursuance of the Constitution and laws thei'e- of, whether State, county, township, or municipal, unless he exhibit to the judges thereof his certificate of registration for the current year; and the judges of elections shall cause the number of each voter's certifi- cate to be entered upon the poll-book, oppo- site his name. Sec. 5. The Governor of the State, shall, on or before the 4th day of March, 1865, and every six years thereafter, appoint said Registers of Electors, who shall hold their offices for six years, and untU their succes- sors are duly appointed and qualified. 24 Sec. 6. The oath required in an ordinance entitled ' 'An ordinance definiiia; the qualifi- cations of voters and civil offlcers in this State," adopted in Convention, June 10, A. D. 1862, to be taken hy electors previ- ously to voting, shall be administered by, and subscribed to, before said Registers; and in addition thereto the following oath shall be taken by, and subscribed to, by alKnatu- rahzed citizens, before said Registers, to- wit: I, , do solemnly swear ( or affirm, as the case may be,) that I have not, during my residence within the United States, or ajiy of the Territories thereof, in any man- ner claimed the protection of any foreign prince, potentate. State or sovereignty, and particularly the [ here insert the name of the prince, potentate. State or sovereignty whereof the applicant was a subject.] So help me God. Sec. 7. The certificates of registration to be issued as above provided for, shall be in numerical order, and in the following form, to-wii: County of t:] State of Missouri [Date.] Certificate of Registration No. — . This is to certify that [name] aged [ years ] a native of [ country ] residing in [ ward or township ] has registered his name pursuant to ordinance. , Register of Electors . Sec. 8. Each county court, at its county seat, shall provide a sviitable room in which said Register shall perform his duties, and he shall be supplied by said court with the necessary furniture and stationery. Sec. 9. Each Register, before entering upon the performance of his duties, shall file with the clerk of his county court, an oath that he will support the constitution of the United States, of the State of Missouri, and that he wUl faithfuUy and impartially "perform the duties of his office. Sec. 10. He shall keep, in a well bound book, a copy of each certificate issued by him, showing, in alphabetical order, the names and number of electors registered from each ward or township. Sec. 11. Each Register shall demand and receive two dollars from each person to whom he issues a certificate of registration, which he shall pay over to the Treasui-er of his county at the end of each and every month, reserving, however, therefrom, sixty cents for each certificate issued by him, which shall be full compensation for liis ser- vices under this ordinance. He shall also obtain duplicate receipts from said Treasurer for the amounts paid him. Each Register shall exhibit, quarterly, to the county court of his county, his books, showings -the amount collected from each township by him, and presenting the Treasurer's receipt for the amount paid over. Sec. 12. Each Register", before entenng upon his duties, shall give bond, to be filed with and approved by the county court of his county, in the penal sum of two thousand doUars, with good and sufficient securities conditioned for the faithful performance of his duty; except the Register of St. Louis county, whose bond shall be five thousand dollars. Each Register shall be in his office from 9 o'clock a. m. to 4 o'clock p. m., every working day in the year, and he may employ deputies. Sec. 13. If the Register at any time fail to comply with the provisions of this ordi- nance, the county court of his county shall notify the Governor of the nature of his deUnquency, whereupon the Governor may remove said Register and appoint another for the remainder of the term, and said county court may enter suit in any court of com- petent jurisdiction, against said delinquent Register and his securities, and recover damages to the amount of his bond. - Sec. 14. The county court of each county shall appropriate all money paid into the treasurv, under this ordinance, to the township school fund, to be turned over to the ofl[icers thereof upon proper requisition. Sec. 15. Soldiers, while in active service, shall not be subject to the operations of this ordinance . Sec. 1G. Anjr person who shall make any false representations to any Register of Elect- ors, for the purpose of obtaining a certificate of registration, upon conviction thereof by any court of competent jurisdiction, shall be adjudged guilty of perjury, and shall be punished therefor in accordance with exist- ing laws. On motion of Ml-. Strong, Mr. Bonliam was added to the Committee on Education . The ordinance offered by Mi-. Holland, "declaring the qualification of voters, ' ' was called up, read a second time, and referred to the Committee on Elective Franchise. The resolution of Mr. Green, vrith jt^ amendment, was called up, and on motion of Mr. Draios, the same was referred to the Committee on the Judicial Department, by the following vote, the ayes and noes having been demanded: Ayes — Messrs. Adams, Bedford, Bon- ham, Budd, Bunce, Childress. Clover, Da^is of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, FiUey, Pleteher, Pohnsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence;^ Gilbert of Platte, Grammer, Green, Harris, Henderson, Holcomb, Holdsworth, Hoi- . land, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson. Mack, Martin, Meyer, Mitchell, Morton, Newgent, Nixdorf, Owens, Peck, Rankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, 25 Switzler, Thilenius, Weatherby, Williams of Caldwell, WiUiams of SooUand, and Mr. President — 61 . Noes — ^None. Absent— Messrs. Bush, Cowden, and Gil- strap — 3. Mr. D'Oench offered the following reso- lution : Resolved, That a Committee on Agricul- ture be appointed by the Chair. On motion of Mr. Budd, the resolution was laid on the table. Mr. Smith of Mercer ofi'ered the follow- ing resolution, which was adopted: Resolved, That a committee of five be ap- pointed bjr the Chair, whose duty it shall be to ascertain whether there is any member, or members, elected to this Convention, who have, in any way, identified themselves in favor of the rebellion, and report as soon as possible. Mr. Bedford offered the following resolu- tion, which was adopted: Resolved, That the Committee on Finance be requested to inquire into the expediency of taxing all property ,belonging to railroad companies and churches, not now subject to taxation . Also , the expediency of prohibit- ing the Legislature from exempting from taxation any property whatever, until the final liquidation of the present indebtedness of the State, and report the same to this Convention. ]ftr. Steong, Chairman of the Committee on Emancipation, reported the following ordinance, and recommended its adoption: ANiORDlNANCE ABOLISHING SLAVERY IN MIS- SOURI. Be it ordained by People of the State of Mis- souri, in Convention assembled: That hereafter, in this State, there shall be neither slavery nor involuntary servitude, except in punishment of crime, whereof the party shall have been didy convicted; and all persons held to service or labor as slaves are hereby declared free. Mr. Strong moved to suspend the rules governing the Convention , so that the ordi- nance may be read the first, second and third time. The motion was agreed to, and the ordi- nance read the first and second time. Mr. Drake offered the following amend- ment to the ordinance : Sec. 2. That no person can, on account of color, be disqualified as a witness, or be disabled to contract, or be prevented from acquiring, holding, or transmitting prop- erty; or be liable to any other punishment, for any offense, than that imposed on others for a like offense ; or be restricted in the ex- ercise of religious worship , or be hindered in receiving education; or be subjected, in law, to auy other restraints or disqualifica- tions, in regard to any personal rights, than as are laid upon others under like circum- stances. Sec. 3. That no person made free by this ordinance shall be apprenticed by any county court, or other authority, to any person, except in pursuance of law hereafter passed, made specially applicable to that class of persons. Mr. FiLLEY moved the adoption of the amendment offered by Mr. Drake. Mr. GiLSTRAP moved to sti-ike out of the first section of the amendment the words ' 'be disqualified as a witness. ' ' Mr. Switzler moved to amend the amend- ment by adding, as an additional section, the following: Sec. 4. And it shall be the duty of the Legislature to provide, by law, for appren- ticing all slaves emancipated by this ordi- nance, between the ages of twelve and twenty-one years. Mr. Clover moved to reject the amend- ment of Mr. Switzler. On which motion Mr. Switzler, demanded the ayes and noes, and the vote, being taken, stood as follows : Ayes— Messrs. Adams, Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Filley, Fletcher, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Law- rence, Gilstrap. Grammer, Green, Hen- derson, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson,Mack, Mar- tin, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Rankin, Kohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 57. Noes — Messrs. Bedford, Davis of New Madrid, Gilbert of Platte, Harris, Morton, and Switzler — 6. Absejjt — Mr. Bush. So the amendment was rejected. Mr. FiLLEY moved the rejection of Mi'. Gilstr&p's amendment. Upon which, Mr. Gilstrap demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — ^Messrs. Adams, Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, D'Oench, Drake, Ellis , Esther, Evans, Filley, Fletcherj Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holcombe, Holdsworth, Hol- land, Hughes, Hume, Husmann, King, 26 Leonard, Linton, McKernan, M(jPherson, Mack, Meyer, Nixdorf, Owens, Peck, Eohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Thilenlus, Weatherby, Williams of CaldweU, WiUiams of Scotland, and Mr. President— 48. Noes — ^Messrs. Bedford, Davis of New Madrid, Dodson, Gilbertof Platte, Gilsti-ap, Grammer, Green, Harris, Martin, Mitchell, Morton, Newgeiit, Rankin, Swearingen, and Switzler — 18. ABSBNT^-Mr. Bush. So the amendment was rejected. Mr. Clovek moved to adjourn. Upon which motion Mr. Owens demanded the ayes and noes, which being taken, the motion was lost, by the following.vote: Ayes — ^Messrs. Bedford, Clover, Davis of NewMadridj Fletcher, Gamble, Gilbert of Platte, Harris, Martin, Morton, and Switz- ler— 10. Noes— Messrs. Adams, Bonham, Budd, Bunce, Childress, Cowden, Davis of Noda- way, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Fllley, Folmsbee, Foster, Fulkerson, Gilbert of Lawrence, Gilstrap, Grammer, Green, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Leonard, Lmtou', McKer- nan, MoPherson, Mack, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Kankin, Eohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingcn, Thilenius, Weatherby, Williams of Cald- well, Williams of Scotland, and Mr. Presi- dent^53. Absent — Mr. Bush. Mr. Owens moved to amend Mr. Drake's amendment by inserting, after the word "witness," in the second line of the first section of the amendment, the words "or voter." Mr. Drake moved the rejection of Mr. Owens' amendment, and on that motion Mr. Drake called for the ayes and noes, which being taken, the vote stood as fol- lows: Ayes — Messrs. Adams, Bedford, Bonham, Budd, Bunce. Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Pilley, Fletcher, Folmsbee, Foster, Fulkerson, "Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilsti-ap, Grammer, Green, Harris, Henderson, Holdsworth, Holland, Hughes, Hume, King, Leonard, Linton, McKernan, McPherson, Mack, Martin, Meyer, Mitchell, Morton, New-gent, Nixdorf, Peck, llankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Swear- ingen, Switzler, Thilenius, Weatherby, ■Vniliams of Caldwell, Williams of Scotland, and Mr. President — 58. Noes — Messrs. Holcomb, Husmann, Owens, and Sutton — 4. Absent— Messrs. Bush, and Strong— 2. So Mr. Owens' amendment was rejected. Mr. Owens moved that Mr. Drake's amendment be rejected, and the ayes and noes being demanded on this motion, the vote being taken, stood as follows: Ayes- Messrs. Bedford, Budd, Childress, Clover, Cowden, Davis of New Madrid, Dodson, Esther, Fletcher, Foster, Gamble, Gilbert of Lawrence, Gilbert of Platte, Grammer, Green, Harris, Holcomb, Hus- mann, Leonard, Linton, McKernan, Mc- Pherson, Mack, Martin, Me;\*^er, Mitchell, Morton, Newgent, Nixdorf, Owens, Peck, Rankin, Rohrer, Smith of Worth, Strong, Sutton, Swearingcn, and Switzler — 38. Nobs— Messrs. Adams, Bonham, Bunce, Davis of Nodaway, D'Oench, Drake, Ellis, Evans, Filley, Folmsbee, Fulkerson, Gil- strap, Henderson, Holdsworth, Holland, Hughes, Hume, King, St. Gem, Smith of Mercer, Thilenius, Weatherby, WilUams of Caldwell, WiUiams of Scotland, and Mr. President — 25. Absent — Mr. Bush. So the amendment of Mr. Drake was re- jected. Mr. Strong moved that the Emancipation Ordinance be read a third time, and put upon its passage. The motion was agreed to. Mr. Gilstrap moved a suspension of the rules requiring it to be i-ead on three several days, which was agreed to. Mr. Bonham demanded the i^revious ques- tion, which was sustained by the Conven- tion. The question then being on the final adop- tion of the ordinance, Mr. Owens demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Adams, Bedford, Bon- ham, Budd, Bunce, Bush, Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodawiiy, Dodson, D'Oench, Drake, Ellis. Esther, Evans, Pilley, Fletcher, Folmsbee. Foster, Fulkerson Gam- ble, Gilbert of Lawrence, Gilstrap, Grammer, Green, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson, Mack, Martin, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Rankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingcn, Thilenius, Weatherby, Williams of CaldweU, Wil- liams of Scotland, and Mr. President— 60. Noes— Messrs. Gilbert of Platte, Harris, Morton, and Switzler— 4. So the Ordinance of Emancipation was adopted. 27 Mr. Owens moved to reconsider the vote on the adoption of the Ordinance of Emanci- pation, and lay that motion on the table, which latter motion was agreed to. On motion of Mr. Owens, Eev. Dr. Eliot came forward and oifered up a prayer of thanks. Mr. Gjlstkap offered the following reso- lution, which was adopted: Resolved, That the 44th rule, governing the proceedings of the Convention, he sus- pended, in order that the Ordinance of Emancipation may be finally adopted. Mr. Dkaice oifered the following resolu- tion, which was adopted: Resolved, That the Ordinance of Emanci- pation be enrolled on parchment, and signed by the members of this Convention, and at- tested by the Secretary. Mr. BnDD offered the following resolution, which was adopted : Resolved, That a copy of the ordinance passed by this Convention, freeing all per- sons hitherto held in bondage in the State of Missouri, signed by the President of the Convention, and attested as a true copy from its records, by the Secretary, be, and the same shall be, placed in the hands of a special messenger, and transmitted without delay to the Governor of the State, at Jef- ferson City, and, when received by him, he is requested by this Convention to issue a proclamation to the people of this State, stating that, by the irrevocable action of the Convention, slavery is abolished in the 8tate of Missouri, now and forever. Resolved, That a copy of this resolution be transmitted to the Governor. On motion, the Convention adjourned un- til to-morrow morning at 10 o'clock. SIXTH D^Y. THURSDAY, January 12th, 1865. Convention met pm-suant to adjournment, the President in the chair. Prayer by Rev. Mr. Kyle. Journal of yesterday's proceedings was read by the Secretary and approved. The roll being called, the following gen- tlemen answered to their names : Messrs. Bedford, Bonham, Bndd, Bunce, Bush, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, El- lis, Esther, Evans, Pilley, Folmsbee, Fos- ter, Fulkerson, Gamble, Gilbert of Law- rence, Gilbert of Platte, Grammer, Green, Harris, Henderson, Hoi comb, Holdworth, Holland, Hughes, Htime, Husmann, Iflng, Leonard, McKernan, McPherson, Mack, Martin, Mitchell, Morton, Ne\vgent, Nix- dorf, Owens, Peck, Rankin. Rohrer, St. Gem, Smith of Worth, Smith of Mercer, Strong, Sutton, Swearingen, Switzler, Thi- lenius, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President —57. Absent — Messrs. Adams, Childress, Clo- ver. Fletcher, Gilstrap, Linton, and Meyer —7'. Mr. Dkake stated the cause of his absence from the Committee on Emancipation, at the time they met, to have been sickness, and he desired it so to be recorded on the journal, and it was so ordered. Mr. Dkake offered the following resolu- tion, which was adopted: Resolved, Tliat the President of the Con- vention be authorized to advise the President of the United States of the adoption of the Ordinance of Emancipation. Mr. Dkake offered the following ordinance, which was read, viz: AN OBDINANCE TO PEOTECT EMANCIPATED NEGROES FKOM APPRENTICESHIP. Be it ordained by the People of the State of Mis- souri, in Convention assembled: That no person emancipated by the ordi- nance abolishing slavery in Missouri , adopted on the 11th day of January, 1865, shall, by any county court or other authority, be apprenticed, or bound to any person for any period of time, or for any service, except in pursuance of such law as the General As- sembly of this State may hereafter enact, made specially applicable to the persons so emancipated. Upon motion of Mr. Dkake, the rules governing the Convention were suspended, and the ordinance was read the second and third time, and put upon its final passage. The question then being upon the adop- tion of the ordinance, Mr. Drake demsmded the ayes and noes, and the vote being taken, stood as follows : 28 Ayes— Messrs. Bedford, Bonham, Biidd, Bunce, Bush, Childress. Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Filley, Polmsbee, Foster, Fulkerson, Gam- ble, Gilbert of Lawrence, Grammer, Green, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson, Made, Mar- tin, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Ranldn, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Thllenius, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 57. Noes — Messrs. Gilbert of Platte, Harris, and Morton — 3. Absent — Messrs. Adams, Clover, Fletcher, and Gilstrap — 4. So the ordinance, as offered by Mr. Drake, was adopted. Mr. Bonham introduced the foUo^ng ordinance : AN ORDINANCE RELATIVE TO ABROGATING CERTAIN PARTS OF THE CONSTITUTION. Section 1. It Is hereby declared that any section in the Constitution containing the words ' ' white " or " slave ' ' are hereby abrogated. Which was read once and laid over under the rule. Mr. Meyer offered the following resolu- tion: Resolved. That the Committee on Legisla- tive Power be insti-ucted to inquire into the expediency of inserting a clause into the Constitution disqualifying persons from be- ing eligible to either branch of the General Assembly, or holding any office of honor, trust, or profit, under the Government of the State of Missouri, who have been mem- bers of the ' 'Knights of the Golden Circle, ' ' !■ 'Knights of the Golden Order, " or of any other secret political association of conspira- tors, bound by secret oaths so odious and obnoxious to the best interests of society and government, and the rights and privileges of citizens in a free republic. Mr. St. Gem offered the following amendment to the resolution offered by Mr. Meyer: Amend by inserting after the word ' 'con- spirators" the words "hostile to the Gov- ernment of the United States. ' ' Which was accepted by Mr. Meyer. The resolution as amended was adopted, and, by order of the President, referred to the Committee on the Legislative Depart- ment. Mr. Gkeen presented five petitions from the Loyal Leagues of North Missouri, pray- ing for a change in the judiciary system of Missom-i; one of which was read for in- formation, and, by order of, the President, they were referred to the Committee on Ju- diciary. Mr. Dodson offered two petitions similar to those offered by Mr. Green, which were referred to the same committee. Mr. Mitchell offered a petition similar to those offered by Messrs. Green and Dodson, which was referred to the same committee. Mr. Drake offered the following resolu- tion, which was adopted: Resolved, That when the Convention ad- iourns this day, it shall stand adjourned till "Monday next, at 10 o'clock a. m. , in order that the committees may have an opportu- nity to prepare business for the action of the Convention . Mr. Smith of Worth offered the follow- ing resolution: Resolved, That the Committee on Printing be insti-ucted to procure copies of the Ordi- nance of Emancipation for the use of this body. Mr. Strong moved to amend the resolu- tion offered by Mr. Smith ot Worth, by inserting the word "certified" before the word "copies." On motion of Mr. St. Gem, Mr. Eohrer was added to the Committee on Education. Mr. Mack offered the following resolution : Resolved, That the Committee on Militia be instructed to report an amendment to the Constitution, requiring a permanent organ- ization of the militia, and securing to those subject to militia duty the constitutional right to elect their own officers, from the highest to the lowest. Which, on motion, was adopted, and ordered by the President to be referred to the Committee on Militia. The following committee, for the purpose of inquiring into the loyalty of members of this Convention, was announced: Messrs. Smith of Mercer, Weatherby, Folmsbee, Martin, and Leonard. Mr. Smith of Worth withdrew his former resolution, and offered the following as a substitute therefor: Resolved, That the Committee on Printing be intructed to procure and print five thou- sand copies of the Ordinance of Emancipa- tion, as engrossed on parchment and signed by the members of the Convention, duly certified by the President and Secretary, for the use of the members of this body. 29 Mr. Strong offered the following amend- ment to Mr. Smith's resolution: "Insert three hundred in place of five thovisand." On motion of Mr. Owens, the resolution offered by Mr. Smith of Worth, and the amendment thereto offered by Mr. Strong, were laid upon the table. Mr. Weathekby offered the following resolution : Resolved, That the Committee on the Judi- ciary be instructed to inquire into the expe- diency of abolishing the county courts of the State, and committing the subjects now under the jurisdiction of those coui'ts to dif- ferent organizations. On motion of Mr. Bonham, the resolution was referred to th6.Committee on Judiciary.' Mr. BuDD offered the following resolution: Resolved, That the Committee on Printing be, and they are hereby, instructed to make inquiries in St. Louis whether suitable sheets of parchment can be procured for the enroll- ing of the Emancipation Ordinance of Free- dom, and also for the enrollment of the Constitution when it becomes the supreme law of Missouri; and, if it cannot be pro- cured here, to take measures to procure it from the Eastern cities. Upon suggestion from the President that the matter contained In Mr. Budd's resolu- tion had been attended to, Mr. Budd with- drew it. Mr. Bush offered the following resolution: Resolved, 1. That the President shall ap-r point a Revising and Enrolling Committee, to consist of five members, who# duty it shall be to examine every amendment after it is engrossed and before it is read a third time, and take care that the same is truly and correctly engrossed, and not inconsistent with other adopted amendments, and make report thereof to the Convention. 2. When any article shall be reported by the Revising Committee, it shall be read for information. If any_ amendment be reported by the said committee, the question shall be, "Shall the amendment be agreed to?" If the amend- ments be disposed of, or, if no amendments be reported, the article shall be ordered to a final reading; and, upon the final reading, the question shaU be, "Shall the article be em-olled as a part of the Constitution?" and, if decided in the afHimative, it shall be referred back to the Revising and Enrolling Committee without a question. 3. The whole Constitution shall be carefully enrolled under the supervision of said committee; and , when the same shall be reported by the committee as trulj; enrolled, the question shall be, "Shall this Constitution be finally adopted?" and, if a majority of all the mem- bers elected to the Convention shall vote in favor of the final adoption of the Constitu- tion , the same shall be authenticated by the signature of the President and members of the Convention present, and shall be attested by the Secretary of the Convention. Which was laid over under the rule. Upon motion, the Convention adjourned, to meet on Monday, January 16, 1865, at 10 o'clock A. M. seven^th: d^y. MONDAY, January 16th, 1865. The Convention met pursuant to adjourn- ment, the President in the Chair. Prayer was offered by Rev. Mr. McCook. The journal of the proceedings of the last session was read by the Secretary and ap- proved. The President presented a proclamation from the Governor of Missouri in reference to the Emancipation Ordinance, which was read by the Secretary. On motion of Mr. Strong, the proclama- tion was ordered to be spread upon the record : proclamation . Executive Department, 1 aty of Jefferson, Mo. , January 11, 1865. / It having pleased Divine Providence to inspire to righteous action the sovereign peo- ple of Missouri, who, through their dele- gates in convention assembled, with proper legal authority and solemnity, have this day Ordained, "That hereafter, in this State, there shall be neither slavery nor involun- tary servitude, except in punishment of crime, whereof the party shall have been duly convicted; and all persons held to ser^ vice or labor as slaves are hereby declared free." Now, therefore, by authority of the su- 30 preme power vested in me bv the Constttu- tion of JjJiiJssouri, T, Thomas 'C. Fletcher, Governor of the State of Missouri, do pro- claim, that henceforth and forever no person within the jurisdiction of this State shall be" subject to any abridgement of liberty, except such as the law may prescribe for the com- mon good , or know any master but God . In testimony whbekop, I have hereunto \ signed my name and caused the [l. s.] Great Seal of the State to be affixed, at the City of Jefferson, this 11th day of January, A. D. 1865. THOS. C. FLETCHER. By the Governor: Francis Rodman, Sec'y of State. Ml'. Owens presented the following pre- amble and resolutions : Whereas, There is rtow pending before the Congress an amendmeiit to the Constitu- tion of the United States, abolishing slavery in all the States and Territories; be it, there- fore. Resolved, That in the opinion of this Con- vention said amendment should be adopted, and our Representatives in Congress are hereby instructed to vote for,, and use their influence in procuring the passage of, said amendment. Resolved, That the/ President of this Con- vention forward to each of the members of Congress from this State, and the Speaker of the House of Representatives, a certified copy of the foregoing resolution as soon as it is adopted by this Convention. ' Mr. GiLSTRAP moved to amend the resolu- tion by inserting the word ' 'Senators' ' before the word "Representatives," so that the resolution shall read "Senators, and Repre- sentatives." Mr. Owens accepted the amendment. Mr. Clover moved to amend bj^ striking out the word ' 'instructed, ' ' and insert "re- quested . ' ' Upon motion of Mr. Strong, the amend- ment was rejected. The question being upon the adoption of the resolution, Mr. Gilstrap demanded the ayes and nges, and the vote being taken, stood as follows : AriES — Messrs. Adams, Bedford, Bon- ham, Budd, Bush, Childress, Clover, Cow- den, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Filley, Fletcher, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilsti-ap, Grammer, Green, Henderson, Holdsworth, Holoomb, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson, Mack, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Rankin, Rohrer, St. Gem, Smith of "Worth, Strong, Sutton, Swearingen, Thilenius, Williams of Caldwell, Williams of Scotland, and Mr. President — 52. NoES-^Messrs. Davis of New Madrid, Evans, Gamble, Gilbert of Platte, and Mor- ton — 5. Absent— Messrs. Bunco, Foster, Harris, Martin, Smith of Mercer, Switzler and Weathei-by— 7. So the resolution was adopted. On motion of Mr. Folmsbee, leave of ab- sence was granted to Mr. Weatherby. On motion of Mr. Drake, leave of absence was granted to Mr. Bunce. On motion of Mr. Fplmsbee, Mr. Smith of Mercer was granted leave of absence, on account of sickness. Mr. Draicb, Chairman of the Committee on Legislative Department, made the fol- lowing report: The majority of the Committee on the IjCgislative Department beg leave to report, that they have had under consideration the third and thirteenth articles of the present Constitution, and beg leave to report, in part, the following three proposed amended articles, viz: 1. Declaration of Rights; 2. Legislative Departnient; and 3. Impeachments. The tirst two of which they recommend shall be printed for the information of the Convention, and acted on in the order in which they are named above. Should the article on Legislative Depart- ment be finally adopted as reported, it will be necessary that a committee should be appointed, "fairly representing all parts of the State, to frame an apportionment of Sen- ators and Representatives in the General Assembly, on just principles, to stand until an enumeration of the inhabitants of the State shall afford a basis for a more exact and equal apportionment. CD. DRAICE, Chairman. The following are the articles accompany- ing said report: article — . Deelaration of Rights. That the general, great, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and Government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare — 1. That we hold it to be self-evident, that all men are created equally free, and are en- dowed by their Creator with certain inalien- able rights, among which are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness: 2. That there can not be in this State, either slavery or involuntary servitude, 31 except in punishment of crime , whereof the party shall have been duly convicted : 3. That np person can, on account of color, be disqualified as a witness, or be dis- abled to contract, or be prevented from acquiring;, holding, and transmittino; prop- erty, or be liable to any other punishment for any oftense than that imposed upon others for a like oftense, or be restricted in the ex- ercise of religious worship, or be hindered in acquiring education, or bo subjected, in law, to an J' other restraints or disqualiflcatious, in regard to any personal rights, than such as are laid upon others under like circum- stances : 4. That all political power is vested in, and derived from, the people; that all gov- ernment of right originates from the people, is founded upon their will only, and is insti- tuted solely for the good of the whole : 5. That "the people of this State have the inherent, sole, and exclusive right of regu- lating the internal government and police thereof, and of altering and abolishing their Constitution and form of government, when- ever it may be necessary to their safety ajid happiness; but every such right should be exercised in pursuance of law, and consist- ently with the Constitution of the United States : 6. That this State shall ever remain a mem- ber of the American Union; that the people thereof are a part of the American nation ; and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State : 7. That every citizen of this State owes paramount allegiance to the Constitution and (Government of the United States, and is not bound by any law or ordinance of this State in contravention or subversion thereof: 8. That the people have the right peace- ably to assembly for their common good, and to apply to lihose vested with the powers of government for redi-ess of grievances, by petition or remonstrance; and that their riglit to bear arms in defense of themselves and of the lawful authority of the State can not be questioned : 9. That all men have a natural and inde- feasible right to worship Almighty God according to the dictates of their own con- sciences ; that no person can, on account of his religious opinions, be rendered ineligible to any office of trust or profit in this State; and that no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profession, or for his religious practice, un- less, under the color of relimon, he disturb the good order, peace, or safety of the State, or infringe the laws of morality, or Injure others in their natural, civil, or religious rights : 10. That no person can be compelled to erect, support, or attend any place of wor- ship, or to maintain any minister of the gos- pel or teacher of religion; but whatever contracts any person may enter into for any such object, ought, in law, to be binding and capable of enforcement, as other con- tracts : 11. That no preference can ever ho given, by law, to any sect or mode of worship: 12. That no religious corporation can be established in this State, except that, by a general law, uniform throughout the State, any religious society or congregation may become a body corporate, for the sole pur- pose of acquiring, holding, using, and dis- posiii"^ of so much land as may be suitable for a liouse of public worship, a chapel, a parsonage, and a burial ground, and man- aging the same, and contracting in relation to such land, and the buildings thereon, through a board of ti-ustecs selected by themselves; but the quantity of land to be held by any such body corporate, in connec- tion with .^ 20. That all persons shall be bailable by sufficient sureties , except for capital offenses , when the proof is evident or the presump- tion great: 21. That excessive bail shall not be re- quired, nor excessive fines imposed, nor cruel and unusual punishment inflicted. 22. That the privilege of the writ oihftheas corpus cannot be suspended, unless when, in cases of rebellion or invasion, the public safety may require it: 23. That the people ought to be secure in their persons, papers, houses, and eflfects, from um-easonable searches and seizures; and no wai'rant to search any place, or seize any person or thing, can issue, ^without de- soribihg the place to be searched,' or the per- son or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation: 24. That no person can, for an indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or pubUc danger, or, by leave of com-t, for oppression or misclemeanor in office : 26. That treason against the State can con- sist only in levying war against it, -or in adhering to its enemies, giving them aid and comfort; and that no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his own confession in open court: 26. That no person can be attainted of treason or felony by the General Assembly ; that no conviction can work corruption of blood or forfeiture of estate; and that the estates of such persons as may destroy their own lives shall descend or vest, as in cases of natmal death : 27. That the free commmiication of thoughts and opinions is one of the invalu- able rights of man, and that every person may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty ; that in all prosecutions for lib.els the truth thereof may be given in evidence, and the jury may determine the law and tlie facts, under the direction of the com-t: 28. That no ea; jposi/acio law, nor law im- paiiing the obligation of candidates, or re- trospective in its operation, can be passed: 29. That imprisonment for debt cannot exist in this State, except for fines or pen- alties imposed for violation of law: 30. That no person who is religiously scrupulous of bearing arms can be compelled to do so; but may be compelled to pay an equivalent for military service, in such man- ner as maybe prescribed by law; and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, shall be subject to miUtary duty, or compelled to bear arms: 31. That all property subject to taxation shall be taxed in proportion to its value: 32. That no title of nobility, hereditary emolument, privilege, or distinction shall be granted, nor any office created, the duration of which shall be longer than the good be- havior of the officer appointed to fill ^ the same : 33. That the military is, and in all cases and at alltimes shall be, in sti-ict subordina- tion to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in such manner as may be pi^esoribed bylaw; nor can any appropria- tion for the support of an army be made for a longer period than two years. AKTIOLB — . Legislative Department. Sbction 1. The legislative power shall be vested in a General Assembly, which shall consist of a Senate and House of Eepresenta- tives. Sec. 2. The House of Eepresentatives shall consist of one hundred members , to be chosen by the qualified voters , for two years ; for the election of whom the State shall be divided into convenient districts. Sec. 3. No person shall be a member of the House of Eepresentatives who shall not have attained the age of twenty -four years; who shall not be a white male citizen of the United States; who shall not have been an inhabitant of this State two years, and of the district which he may be chosen to represent one year, next before the day of his election, if such district shall have been so long estab- lished, but if not, then of the county or counties from which the same shall have been taken; and who shall not, in the year of his election, or the year next preceding, have paid a State or county tax. Sec. 4. The Senate shall consist of thirty- two members, to be chosen by the qualified voters, for four years; for the election of whom the State shaU be divided into conve- nient distiicts. Sec. 5. No person shall be a Senator who shall not have attained the age of thirty years; who shidl not be a white male citizen of the United States; who shall not have been an inhabitant of this State four years, and of the district he may be chosen to rep- resent one year, next before the day of his election, if such distiict shall have been so long established, but if not, then of the district or districts from which the same shall have been taken; and who shall not, in the year of his election, or the year next preceding, have paid a State and county tax. Sec. 6. Senators and Eepresentatives shall be apportioned among their respective dis- tricts, as nearly as may be, according to the 33 number of inhabitants in each. They shall be chosen according to the apportionment established in this Constitution, until the next decennial census taken by the United States shiill have been made, and the result thereof as to this State ascertained, when the apportionment shall be revised and ad- justed, on the basis of that census. In the year one thousand eight hundred and sev- euty-flve, and every tenth year thereafter, there shall be taken, under the authority of this State, a census of the inhabitants thereof; and after every such census the apportion- ment of Senators and Eepresentatives may be based thereon, until the next succeeding national census; after which it may be based upon the national census until the next suc- ceeding decennial State census; and so on, from time to time, the enumerations made by the United States and this State shall be used, as they respectively occm', as the basis of apportionment. Sec. 7. Senatorial and representative dis- tricts may be altered, from time to time, as public convenience may require . When any such , district shall be composed of two or more counties, they shall be contiguous. Sec. 8. The first election of Senators and Representatives, under this Constitution, shall be held at the general election in the year one thousand eiMt hundred and sixty- six, when the whofe number of Senators and Kepresentatives shall be chosen. Sec. 9. At the regular session of the Gen- eral Assembly chosen at said election, the Senators shall be divided by lot into two ^qual classes. The seats of the first class shall be vacated at the end of the second year after the day of said election, and those of the second class at the end of the fourth year after that day: so that one-haJf of the Sena- tors shall be chosen every second year. In making sucji division it shall be so con- ducted, in regard to any Senatorial District electing more than one Senator, as that the Senators from that distiict shall first be divided, as nearly equal as may be, into the two classes, so as to avoid the election of all the Senators from such district for the same term. Sec. 10. ISTo member of Congress, or per- son holding any lucrative ofnce under the United States, or this State (militia officers, justices of the peace, and notaries public ex- cepted), shall be eligible to either house of the General Assembly, or shall remain a member thereof after having accepted any such office, or a seat in either house of Con- gress. Sec. 11. No person who now is, or may hereafter be, a collector or holder of public money, or assistant or deputy of such col- lector or holder of public money, shall be eligible to either house of the General Assem- bly, until he shall have accounted for and paid ail sums for which he may be account- able. Sec. 12. Ko person, while he continues to exercise the -functions of a bishoi), priest, clergyman, or teacher of any religious per- suasion, denomination, society, or sect, shall be eligible to either house of the Gen- eral Assembly. Sec. 13. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the General Assembly. . Sec. 14. No Senator or RepresentaiMve shiill, during the term for which he Shall have been elected, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased, during his con- tinuance in office as a Senator or Representa- tive, except to such offices as shall be filled by elections of the people. Sec. 15. Senators and Representatives shall, in aU oases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and for fifteen days next before the commencement and after the termination of each session; and for any speech or de- bate, in either house, they shall not be ques- tioned in any other place. Sec. 16. The members of the General Assembly shall, severally, receive from the public treasury a compensation for their services, which may, from time to time, be increased or diminished by law. Sec. 17. A majority of the whole number of members of each house shall constitute a quorum to do business ; but a smaller num- ber may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Sec. 18. Each house shall appoint its own officers; shall judge of the qualifications, elections and returns of its own members; may determine the rules of its proceedings ; may arrest and punish by fine not exceedmg three hundred dollars, or by imprisonment in a county jail not exceeding ten days, or both, any person not a member, who shall be guilty of disrespect to the house, by 'any disorderly or contemptuous behavior in its presence "during its session; may punisii its members for disorderly behavior, and, with the concurrence of two-thirds of aU. the members elected, may expel a member; but no member shall be expelled a second time for the same cause. Sec. 19. Each house shall, from time to time, publish a journal of its proceedings, except such parts thereof as may, in its opinion, require secrecy; and the yeas and nays on any question shall be taken, and en- tered on the journal, at the desire of any two members . Whenever the yeas and nays are demanded, the whole list of memlaers shall' be called, and the names of absentees shall be noted, and published with the jour- nal. Sac 20. The sessions of each house shall be held with open doors, except in cases which may require secx'ecy. Sec. 21. Neither hotise shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other 34 place than that in which the two houses may be sitting. Sec. 22. Bills may originate in either house, and may be altered, amended, or rejected, by the other; and every bill shall be read on three diflfereht days in each house, unless two-thirds of the house where the same is pending shall dispense with this rule ; and every biU, having passed both houses, shall be signed by the Speaker of the House of Eepresehtatives, and by the President of the Senate. Sbc . 23 . The style of the laws of this State shall be:, "Be i< enacted by the General Assem- bly of the State of Missouri, asfoUovis. ' ' Sec. 24. The General Assembly shall not pass special laws divorcing any named par- ties; or declaring any named person of age; or authorizing any named minor to sell, lease, or encumber his or her property; or providing for the sale of the real estate of any named minor, or other person laboring un- • der legal disability, by any executor, ad- ministrator, guardian, trustee, or other person; or changing the name of any per- son; or establisliing, locating, altering the course, or alfecting the construction of roads ; or the building or repaiiing of bridges; or establishing, altering, or vacating any street, avenue, or alley in any city or town; or ex- tendiug the time for the collection of taxes, or otherwise relieving any collector of taxes from the due performance of his official du- ties; or giving effect to informal or invalid deeds or wills; or legalizing, except as against the State, the unauthorized or in- valid acts of any officer; or granting to any individual or company the right to lay down railroad tracks in the streets of any city or town. The General Assembly shall pass no special law for any case for which provision may at the time exist under any general law; and shall pass general laws providing, so far as it may deem necessary, for the cases enumerated in this section, and for all other cases where a general law can be made ap- plicable. Sbc. 25. The General Assembly shall not pass any law incorporating-, or authorizing the incorporation of any bank, with author- ity to issue notes, bills, or other paper as a circulating medium, or renewing or extend- ing the charter of any such bank heretofore established, beyond the period now fixed by law for its termination, or relieving any such bank from any penalty or forfeiture it may have incm-red, or may hereafter incur. Sec. 26. No law shall be passed reviving or re-enacting any act heretofore passed creating any private coi-poration, where such corporation shall not have organized, and commenced the transaction of its business, within one year from the date of such act; nor shall any law be passed reviving any such act which has heretofore been forfeited, abandoned, or sm-rendered. Sbc. 27. Corporations may be formed un- der general laws; but shall not be created by special act, except for municipal purposes. All general or special acts passed pursuant to this section may be altered, from time to time, or repealed. Sec. 28, No municipal corporations, ex- cept cities, shall be created by special act; and no city shall be incorporated with less than five thousapd permanent inhabitants, nor unless the people thereof, by a direct vote upon the question, shall have decided in favor of such incorporation . Sec. 29. Dues from private corporations shall be seeui-ed by such individual liabilities, and other means as may be prescribed by law; but in all cases, each stockholder shall be liable, over and above the stock by him or her ow^ned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock. Sec. 30. No private corporation for the transaction of any kind of business shall be authorized for a longer period than twenty years. Skc. 31. The General Assembly shall never authorize any lotteiy, nor sliall the sale of lottery tickets be allowed , nor shall any lottery heretofore authorized be per- mitted to be drawn, or tickets therein to be sold, after the first day of July, one thou- sand eight hundred and sixty-five. Sec. 32. No law enacted by the General Assembly shall relate to more than one sub- ject, and that shall be expressed in the title. Sec. 33. The General Assembly shidl direct, by law, in what manner, and in what courts, suits may be brought against the State. SttC. 34. When any officer, civil jor mili- taiy, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house, the votes shall be publicly given viva voce, and entered on the journals. Skc. 35. The General Assembly elected in the year one thou_sand eight hundred and sixty-six, shall meet on the first Wednesday of January , one thousand eight hundred and sixty-seven; and thereafter the General As- sembly shall meet in regular session once in every two years; and such meeting shall be on the first Wednesday of January, unless a majority of all the members elected to both houses concur in fixing a different day by law. Sec. 36. "At the regular session of the General Assembly, in the year one thousand eight hundred and sixty-seven , all the statute laws of this State, of a general nature, shall be revised, digested, and promulgated, in such manner as the General Assembly may direct. The Supreme Court, as organized under this Constitution, shall appoint a suit- able person or persons to prepare a complete revision of such general statutes, with such amenilnients as may appear beneficial, and report the same, printed, in biU form, by the public printer, to the next General As- sembly. The person or persons so appointed may, with the approbation of the Supreme Court, employ such clerks as may be neces- saiyin preparing said revision. The Sec- retary of State shall, at the expense of the 35 state, provide all necessary stationery for the use of the revisers. The compensation of the person or persons so appointed, and that of the clerks employed, shall be such as the Supreme Court may, from time to time, authorize and' allow; and the same, together with such reasonable incidental expenses as may be incurred, shall be paid out of the State Treasuiy upon the order of said Court. After the said revision of the statutes, no similar revision shall be made by the General Assembly prior to the year one thousand eight hundred and eighty-iive. AKTICLK — . Skction 1. The Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, and all judges of the courts, shall be liable to impeach- ment for any misdemeanor in oflice; but judgment, in such case, shall not extend further than removal from office, and dis- qualification to hold any office of honor, trust, or profit, under this State. Sac. 2. The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the Sen- ate shall be on oath or affirmation to do jus- tice according to law and evidence. When the Governor shall be tried, the presiding Judge of the Supreme Court shall preside . No person shall be convicted without the concurrence of two-thu-ds of the Senators present. Oa motion, one hundred copies of each were ordered to be printed for the use of the Convention . Mr. GiLSTRAP presented a petition from the Loyal Leagues of North Missouri, which was refeiTcd to the Committee on the Judicial Department. Mr. BoNHAM, Chairman of the Committee on the Elective Franchise, presented the fol- ■ lowing report : A majority of the Committee on Elective Franchise have had the matter under consid- eration, examined the several propositions presented to the Convention, and have in- structed me to report an article to be added toi the Constitution as a new article, and recommend its adoption by this Convention. They also recommend that the article be read the first time by its title, laid upou the table, and one hundred copies of the same be printed for the use of the Convention. D. BONHAM, Chairman. The following is the article accompanjing said report: _ ARTICLE — . ~ Elections, and Qualifications of Voters, Officers, and others. Section 1. All elections by the people shall be by ballot. No election shall continue longer than one day. Sec. 2. General elections shall be held biennially, on the Tuesday next after the first Monday in November. The first gen- eral election under this Constitution shall be held on that day in the year one thousand eight hundred and sixty-six. Should Con- fress direct the appointment of electors of resident and Vice President of the United States on any other day than that npw estab- lished, the General Assembly may change the time of holding general elections so as to provide for holding them on the day which may be designated by Congress for tha,t pur- pose, and on the corresponding day two yeai'S thereafter. No special election (State, county, or municipal) shall be appointed to be held on a Monday. Sec. 3. At any election held by the peo- ple under this Constitution, or in pursuance of any law of this State, or under any ordi- nance or by-law of any municipal corpora- tion, no person shall be deemed a qualified voter who has ever been in armed hostility to the United States, or to the lawful authori- ties thereof, or to the government of this State; or has ever given aid; comfort, coun- tenance, or support, to persons engaged in any such hostility; or has ever, in any man- ner, adhered to the enemies, foreign or domestic, of the United States, either by contributing to them, or by unlawfully send- ing within meir lines, money, goods, letters, or information; or has ever disloyally held communication with such enemies; or has ever advised or aided any person to enter the service of such enemies; or has ever, by open act or word, declared his adherence to the cause of such enemies, or his desire for their triumph over the arms of the United States, or has ever, except under overpow- ering compulsion, submitted to the authority or been in the service of the so-called ' 'Con- federate States of America ; " or has ever left this State and gone within the lines of the armies of the so-called "Confederate States of America," with the purpose of adhering to said States or armies; or has ever been a member of, or connected with, any order, society, or organization, having for its object to aid or encourage rebellion against the United States, or to promote the dissolution of the Union thereof, or to oppose by any unlawful means the laws or authority thereof, or the laws, ordinances, or authority of this State ; or has ever been engaged in guerrilla warfare against loyal in habitants of the United States, or in that description of marauding commonly known as "bushwhacking;" or has ever knowingly harbored, aided, or countenanced, any person so engaged; or has ever left this State for the purpose of avoiding enrollment for or draft into the mil- itaiT service of the United States; or has ever, in order to escape the performance of duty in the militia of this State, enrolled himself, or caused himself to be enrolled, as a disloya ISouthern sympathizer; or having ever voted at any election by the people in this State, or in any other of the United States, or held office in this State, or in any other of the United States, shall thereafter have sought or received, under claim of alienage, the protection of any foreign government, through any consul or other officer thereof, in' order to secure exemption from military duty in the mili- tia of this State, or in the army of the United States : nor shall any such person be capable of holding, in this State, any office of honor, trust, or profit, under its author- ity; or of being an officer, councilman, director, trustee, or other manager, of anj' corporation, public or private, now existing, or hereafter established, by its authority; or of acting as a professor or teacher in any educational institution incorporated by, or under any law of, this State; or of teaching in any common or other school which is sus- tained , in whole or in part, by funds provided by law. But the foregoing provisions, in relation to acts done against the United States, shall not apply to any person not a citizen thereof, who shall have committed such acts while in the service of some for- eign country at war with the United States, and who has, since such acts, been natural- ized, or may hereafter be natui'alized, under the laws of the United States; and the oath of loyalty hereinafter prescribed, when taken by any such person, shall be considered" as taken in such sense. Sec. 4. The General Assembly shall im- mediately provide, by law, for a complete and uniform registration, by election dis- tricts, of the names of qualified voters in this State, which registration shall be evi- dence of the qualification of all registered voters to vote at amy election thereafter held ; but no person shall be excluded from voting at any election on account of not being regis- tered, until the General Assembly shall have passed an act of registration, and the same shall have been carried into effect; after which no person shall vote unless his name shall have been registered at least ten days before the day of the election; and the fact of such registration shall be not otherwise shown than by the register, or an authentic copy thereof, certifiecf to the judges of elec- tion by the registering officer", or officers, or other constituted authoritj»^. A new regis- tration shall be made within sixty days next preceding the tenth day prior to every bieur nial general election; and, after it shall have been made, no person shall establish his right to vote by the fact of his name appear- ing on any previous register. Sec. 5. Until such a system of registra- tion shall have been established, every person shall, at the time of offering to vote, and before his vote shall be received, take an oath, in the terms prescribed in the next succeed- ing section. After such a system shall have been established, the said oath shall be taken and subscribed by the voter at each time of his registration. Any person declining to take said oath shall not be allowed to vote, or to be registered as a qualified voter. The taking thereof shall not be deemed conclu- sive evidence of the right of the person to vote, or to be registered as a voter: but such right may, notwithstanding, be disproved. And after a system of registration shall have been established, all evidence for and against the rio-ht of any person as a qualified voter shall be heard and passed upon by the regis- tering officer, or officers, and not by the judges of election. Sec. 6. The oath to be taken, as aforesaid, shall be known as the "Oath of Loyalty," and shall be in the following terms: "I, A. B., do solemnly swear that 1 am well acquainted with the terms of the third section of the article of the Constitution of the State of Missouri, adopted .in the year eighteen hundred and sixty-flve, and have cai-efuUy considered the same; that I have never, directly or indirectly, done any of the acts in said section specified; that I have always been truly and lovally on the side of the United States, against all enemies thereof, foreign and domestic; that I will always bear true faith and unqualified allegiance to the United States, and wUl support the Constitution and laws thereof as the supreme law of the land, any law or ordinance of any State to the con- trary notwithstanding; that I wiU always, to the best of my ability, protect and defend the Union of the United States, and not allow the same to be broken up and dissolved, or the Government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it ; that I will always discountenance and oppose all combinations, plans, and efforts, having for their object, the dissolution of said Union, or the overthrow of said Government; that I will always, in word and deed, demean myself as a loyal and faithful citizen of the United States; that I will support the said Constitution of the State of Missouri; and that I make this oath vsrithout any mental reseiTation or evasion, and hold it to be binding on me. " Sec. 7. Within fifteen days after the adop- tion of this Constitution, the Governor, Lieu- tenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Register of Lands, Attorney General, and aU mem- bers and officers of both houses of the General Assembly, shall take and subscribe said oath; and, within two months after such adoption, every person in this. State holding any other office of honor, trust, or profit, under the Constitution or laws thereof, or under any municipal corporation, or any of the other offices, positions, or trusts, mentioned in the third section of this article, shall likewise take and subscribe the same. If any officer or person referred to in this section shall fail to comply with the requirement thereof, his office, position, or ti-ust, shall, ipso facto, be- come vacant, and the vacancy shall be filled according to the law governing the case. Sec. 8. No vote in any election by the people shall be cast up.for, nor shall any cer- tificate of election be granted to, any person who shall not, within fifteen days next pre- 37 ceding such election, have taken, subscribed, and filed said oath. Sec. 9. No person shall assume the duties of any State, county, city, town, or other office to which he may be appointed , other- wise than by a vote of the people; nor shall any person, after the expiration of two months after the adoption of this Constitution, be permitted to practice as an attorney or coun- selor at law; nor, after that time, shall any person be competent, as a bishop, priest, deacon, minister, elder, or other clergyman, of any religious persuasion, sect, or denom- • ination, to solemnize marriages; unless such person shall have first taken, subscribed, and filed said oath. Sec. 10. Oaths taken in pursuance of the seventh, eighth, and ninth sections of this article, shall be filed as follows : By a State civil officer, or a candidate for a State civil Cfflce, and by members and officers of the present Ueneral Assembly, in the office of the Secretary of State; by a military officer, in the office; of the Adjutant General; by a candidate for either house of the General Assembly, in the clerk's office of the county court of the county of his residence, or in that of the county where the vote of the district is required by law to be cast up, and the certificate of election granted; by a city or town officer, in the office where the archives of such city or town are kept; and in all other cases, m the office of the clerk of the county com-t of the county of the per-' son's residence i Sec. 11. Every court in which any person shall be summoned to serve as a grand or petit juror, shall require him, before he is sworn as a juror, to take said oath, in open court; and no person refusing to take the same shall serve as a juror. Sec. 12. If any person shall declare that he has conscientious scruples against taking an oath, or swearing in any form, the said oath may be changed into a solemn affirma- tion, and be made by him in that form. Sec. 13. In addition to the oath of loyalty aforesaid, every person who may be elected or appointed to any office shall, before enter- mg upon its duties, take and subscribe an oath or affirmation, that he will, to the best of his skill and ability, diligently and faith- fully, without partiality or prejudice, dis- charge the duties of such office according to the Constitution and laws of this State. Sec. 14. Whoever shall, after the times Umited in the seventh and ninth sections of this article, hold or exercise any of the offices, positions, trusts, professions, or func- tions therein specified, without liaving talten, subscribed, and filed said oath of loyalty, shall, on conviction thereof, be punished by fine not less than five hundred dollars, or by imprisonment in the county jaU. not less than six months, or by both such fine and im- prisonment ; and whoever shall take said oath falsely, by swearing or by affirmation, shall, on conviction thereof, be adjudged guilty of perjury, and be pmiished by im- prisonment in the penitentiary not less than two years. Sec. 15. Whoever shall be opnvicted of having, directly or indirectly, given or offered any bribe to procure his election or Uppointment to any office, shall be disquah- fied for any office of lionor, trust, or profit, under this State; and whoever shall ^ve or offer any bribe, to procure the election or appointment of any other person to any ottice, shall, on conviction thereof, be disqual- ified for a voter, or any office of honor, trust, or profit, under this State, for ten years after such conviction. Sec. 16. No officer, soldier, seaman, or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this State. Sec. 17. No person who shall make, or become directly or indirectly Interested in, any bet or wager depending upon the result of any election, shall vote at such election. Sec. 18. Every white male citizen of the Unit^id States, over the age of twenty-one j'ears, not disqualified by or under any of the provisions of this Constitution, and who shall have complied with its requirements, and have resided in this State one year next pre- ceding any election, or next preceding his registi-ation as a voter,- and during the last sixty days of that period shall have resided in the county, city, or town where he offers to vote, or seeks registration as a voter, shall be entitled to vote at such election for all officers. State, county, or municipal, made elective by the people ; but he shall not vote elsewhere than in the election district ot which he is at the time a resident, or, after a system of registration of votes shall have been established in the election district where his name is registered; except as provided m the twentieth section of this ai-tlcle. Sec. 19. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States, nor while engaged in the navigation of the waters in this State, or of the tlnited States, or of the high seas; nor while a student in any seminary of leai-mng; nor while kept at any poorhouse, or other asyhim, at public expense; nor when con- fined in any pubhc prison. Sec. 20. Any qualified voter, under the eighteenth section of this article, who may be absent from the place of his residence, by reason of being in the volunteer army of the United States, or in the militia force of this State, in the service thereof, or of the United States, whether within or without the State, shall, without registration, be entitled to vote in any election occurring dming such absence. The General Assembly shall pro- vide by law for the taking of the votes of all such persons, wherever they may be, and the day fixed for such election, or at any time within twenty days next prior thereto, and for the due return and counting of such votes. Every such person shall take the 38 same oath that all other voters may be re- quired to take In order to vote.- Skc. 21. Voters shall, in all cases, except treason, felony, or breach of the peace, be privileged fi-om arrest during their continu- ance at elections, and in going to and return- ing from the same. Sbc. 22. Any person who may at any time have done any act which, under the third section of this article, has disqualified or may disqualify him, as therein expressed, and who shall, after the commission of such act, have voluntarily entered the military service of the United States, and been honor- ably discharged therefrom, and after such discharge have demeaned himself in all re- spects as a loyal and faithful citizen, may be relieved from* such disqualification. In order thereto, he shall, in person, present his pe- tition to the circuit court of the county of his residence, stating specifically the act or acts which produced such disqualification, and the grounds upon which he prays to be relieved therefrom ; and the court shall set a day for hesuing the cause, not less than five days after the presentation of the petition; when , if it appear by competent proof that the petitioner is justly entitled to the re- lief prayed for, the court shall make a de- cree removing such disqualification. But any act done by such person after the date of such decree, which would impose a dis- qualification under said third section of tliis article, shall make such decree null and void, and remit him to his previous con- dition of disqualification ; and no such de- cree shall be granted a second time in his favor. Sec. 23. After any person shall have been so relieved by the decree of a circut court, he shall, in order to vote, or hold any of the offices, positions or trusts, or exercise any of the privileges or functions hereinbefore specified, take the oath of loyalty aforesaid, except the part thereof which refers to the third section of this article, and to the past acts or loyalty of the person taking the oath . Sec. 24. After the day of , one thousand eight hundred and , and un- til the date next hereinafter named, the General Assembly shall have power, if a majority of all the members elected to both houses concur therein, to suspend or repeal any part of the third, fifth and sixth sections of this article so far as the same relate to the qualifications of voters, but no further. After the day -of •, one thousand eight hundred arid , the General As- sembly may wholly suspend or I'epeal the third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh and twelfth sections of thi.s article, or any part thereof, if a like major- ity of both houses concur therein. But no such suspension or repeal shall have the eftect of dispensing with the taking, by every person elected or appointed to any ottice in this State, of so much of the oath of loyalty aforesaid as follows the word ' ' thereof ' ' where it first occurs therein . On the passage of any bill suspending or repealing any of said sections, or any part thereof, the votes of both houses shall be taken by ayes and noes, and entered on the journals of the houses, respectively. The General Assem- bly shall also have power, at any time, to remove any such suspension or repeal, and reinstate the provisions suspended or re- pealed, in full force and efl'ect as a part of this Constitution. Every suspension or re- peal made in pursuance of this section , shall be general in its terms, and not in any case in fevor of any named person; but the Gen- eral Assembly may except from the benefit of such suspension or repeal any person, or class of persons, it may see fit. Sec. 25. The General Assembly shall pro- vide for the exclusion from every office of honor, trust, or profit within this State, and from the right of suffrage, of any person convicted of bribery, perjury, or other in- famous crime. Sko. 26. For the purpose of ascertaining the sense of the people in regard to the ad- mission of persons of color to the right of suffrage, the question shall, in the manner hereinafter prescribed, be submitted to, and voted upon by, the qualified voters of the State, at the general election to be held in the year one thousand, eight hundred and seventy ; and if the vote of the people should then be against such admission, the question shall, in like manner, be again submitted to, and voted upon by, such qualified voters, at the general election to be held in the year one thousand eight hundred and seventy-'sixj and if the vote of the people should then be against such admission, the General Assem- bly may, at any time thereafter, provide by law for again submitting the question to the qualified voters, at any general election, and as often as it may be deemed expedient. Whenever the said question shall be so sub- mitted, either at the times named in this section, or at any time fixed by the General Assembly , the votes thereupon shall be given on the same ballots upon which ofiicers are voted for. The ballots in favor of the ad- mission of persons of color to the right of suflFrage shall have written or pruited thereon the words "Colored Suflrage — Yes;" and those against such admission shall have writ- ten or printed thereon the words "Colored Sutt'rage— No. ' ' It shall be the duty of the judges of election, at any such election, to count and return, with the other votes, those given for and against colored sufl'rage, and the same shall be cast up and certihed by the clerks of the several county courts to the Secretary of State; and at the expiration of forty days after the day of the election, that officer shall proceed to ascertain from the returns in his office the aggregate vote of the State upon said question, including the soldiers' vote hereinbefore provided for, and certify the same to the Governor, who shall thereupon make known the same by his proclamation; and if a majority of the votes, given upon the question shall have been in favor of colored suffrage, then, from the date of such proclamation, persons of color. beingf otherwise qualified as voters, shall be entitled to vote at all elections by the people. On motion, one hundred copies of the foregoing article were ordered to be printed . Mr. Fletchkp offered the following reso- lution : Resolved, That the State Constitntional Convention, now in session in St. Louis, ask and invite the State Senate and Legislature, in session at Jefferson City, to meet them at St. Louis on Wednesday next, the 18th inst. , that they may have an interchange of views; and that the President of this Convention forward to the President of the Senate and the Speaker of the House of Representa- tives, a copy of this resolution, upon its adoption. Mr. • moved to include the Governor of the State. in the invitation, which was accepted by Mr. Fletcher. Mr. Clover moved to amend the resolu- tion by striking out the words ' 'Wednesday, the 18th inst. , ' ' and inserting the ' '1st day erf January next. ' ' On motion, the resolution and amend- ments were laid on the table. The President read the follo\ving letter to the Convention : St. Louis, January 1Q. 1865. Hon. Arnold Kebkbl, President of the Mis- souri State Convention : Sir — ^1 have the honor to he the bearer of a communication" from His Excellency the Governor of Illinois, transmitting joint reso- lutions from the General Assembly of IlUnois, passed on reception of intelligence of the adoption, by the Convention ot Missouri, of an Ordinance of Emancipation, which com- munication I desire to present to your hon- orable body, at such time as it will be your pleasure to receive them. Very respectfully , your ob't serv't, (Signed) JOHN S. LOOMIS, Sec'y and A. D. C. to His Excellency, Gov. Yates. Mr. Drake offered the following resolu- tion, which was adopted: Resolved, That the Convention will receive, with pleasui-e, Mr. Loomis, the messenger bearing the communication trom the Govern- or of the State of Illinois to this body; and that a committee of two he appointed to con- duct Mr. Loomis into the hall and introduce him to the Convention. The President appointed Messrs. Drake and St. Gem a committee to conduct in and introduce Mr. Loomis, who came for- ward and presented the following communi- * cation: State op Illinois, Executive Dbp't., 1 Springjidd, Jan, 13, 1865. / To the Honorable, the President of the Constitu- tional Convention of thee State of Missouri: SiK — It is with feelings of unalloyed gratification that I submit to you the en- closed resolution of the General Assembly of the State of Illinois, congratulating her sister State on the passage, by the Constitu- tional Convention, of the ordinance abolish- ing slavery in Missouri. Illinois was the third State which came into the Union under the glorious ordinance of 1787. Missouri is the third State to abol- ish slavery in accordance with the spirit of the still more glorious proclamation of emancipation of Abraham Lincoln. May these two sister States henceforth run, hand' in hand together, the race of liberty, prosperity , and happiness . They have hith- erto been united by the ties of race and blood; hereafter they will be imited forever by the ties of universal liberty, acknowledg- ing the fraternity of but one brotherhood of humanity, and the supremacy of but one God, who is the Father of all, without respect of race or color. All the natural and inevitable consequences of freedom must now be showered down upon the noble State of Missouri. She has accomplished the will of God, and of all good men, and her reward is being prepared for her by Him who holds the nations m the hoUow of His hands. With great respect, I am, sir. Your obed't serv't, (Signed) EICH'D YATES, Govemm-. State of Illinois, Executive Dep't, "1 Springfield, January 13, 1865. / Resolved hy tlie House of Representatives, the Senate eoncurrimg. That we hail vsdth delight the tidings that the Constitutional Convention of Missom-i, by the decisive vote of sixty to four, has abolished slavery in the State, and that the Governor be, and is hereby requested, in the name of the people of the State of Illinois, to tender our congratulations to the people of that State, and to Welcome Missouri into the sisterhood of free States. , Official copy : (Signed) BICH'D YATES, Govemw. Mr. Drake offered the following resolu- tion, which was adopted: Resolved, That Missouri accepts, with thanks, the greetings of her free sister, Illi- nois, and responds with earnest wishes that the current of good feeling between the two States may be as ceaseless in its flow as the tide of the mighty river which pours its rich blessings along the borders, which are no more to be (flvided by the black line of human slavery. The ordinance offered by Mr. Bonham, relative to abrogating certain parts of the constitution, was taken up, read the second 40 time, and referred to the Committee on the Legislative Department. On motion, the Convention adjourned till 3 o'clock p. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. A quorum being present, the Convention proceeded to business. The following committee, as a Committee on Accounts, was appointed under the 49th rule governing the Convention, viz: Messrs. Meyer, Holcomh, and Grammer. The resolution heretofore offered by Mr. Bush, to amend the 44th rule, was read the second time, and, on motion, adopted. Mr. St. Gem presented the following com- munication, which was read and referred to the Committee on the Judicial Department: To the Sonorable Convention of Delegates to amend the Constitution of the State of Mis- souri : Under the laws heretofore existing in Mis- souri slaves could own no property in real estate, and possess no property except his peculium. There are many cases where wUls have been made, or deeds of conveyance have been executed, to persons with secret trusts in favor of slaves. There are other cases of property accumu- lated by slaves in time allowed them by their masters to work for themselves. I have the honor to suggest that an ordi- nance should declare these secret trusts valid, and vest the legal title with them ; also , ren- der valid the title and ownership of personal and real estate. , Respectfully submitted for consideration. J. B. ROGERS. On motioh of Mr. Mitchell, Mr. Wil- liams of Scotland was added to the Commit- tee on Education. Mr. Gamble offered the following resolu- tion: Resolved, That it is the sense of this Con- vention that all persons owning slaves on the 11th day of January, 1865, who were, and are, truly loyal to the Government of the United States, shaU be paid the full value of such slaves so owned, and liberated by the Ordinance of Emancipation passed by this Convention on that day ; and the Committee on Legislative Powers are hereby instructed to insert a clause in the Constitution of this State, requiring the Legislature, at the present session, to pass the necessary law or laws to carry. this resolution Into effect: Provided, That the Legislature shall pass no law which will allow any such o-sviier more than three hundred dollars for any one such slave so emancipated. Mr. BoNHAM moved to lay the resolution on the table. Upon which motion Mi-. Gamble demand- ed the ayes and noes, and the vote being taken, stood as follows : .Ayes— Messrs. Bonham, Budd, CMldress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Evans, Filley, Folmsbee, Fulker- son, Gilstrap, Gilbert of Lawrence, Gram- mer, Green, Henderson, Holcomb, Holland, Hughes. Hume, Husmann, King, Leonard, Lmton, McKernan, McPherson, Mack, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Rankin, St. Gem, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Williams oC Caldwell, WOUams of Scotland, and Mr. Pi'esident — 47. Nobs — Messrs. Gamble, Gilbert of Platte, Morton, and Switzler — 4. Absent — Messrs. Adams, Bunce, Bush, Ellis, Fletcher, Foster, HaiTis, Holdsworth, Martin, Rohrer, Smith of Mercer, and Weath- erby— 12. So the resolution was Jaid upon the table. Mr. Holcomb offered the following resolu- tion, which was referred to the Committee on Miscellaneous Business: Resolved, That the Committee on Miscel- laneous Propositions be, and they are here- by, instructed to examine into the expe- diency of taxing rebels, or rebel prop- erty, in the several counties of this State, to replace all township and county buildings, and all other county or township property, that have been destroyed by rebel armies or rebel guerrilla bands; also of refunding to allloyal men, and especially Federal soldiers, the amounts that have been stolen from them, and report to this Convention, by ordinance or otherwise, as they shall think proper. Mr. Davis of New Madrid offered the fol- lovying resolution: Resolved, That the Constitution, together with all the provisions therein contained, and all the ordinances adopted by this Con- vention , shall be submitted to a direct vote of the people of this State, on the first Tues- day in November next. Mr. St. Gem moved to lay the resolution on the table. Mr. Davis of New Madrid demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Bonham, Budd, Bush, Childress. Clover, Cowden, Davis of Noda- way, Dodson. D'Oench, Drake, Evans, Filley, Folmsbee, Pulkerson, Gamble, Gil- bert of Lawrence, Grammer, Green, Hen- derson, Holcomb, Holland, Hume, Hus- 41 mann, King, Leonard, Linton, McKeman, McPlierson, Mack, Meyer, Mitcliell, New- gent, Nixdorf, Peck, Rankin, JRohrer, St. G-em, Smith of Worth, Strong, Sutton, Swearin^en, Williams of Caldwell, Wil- liams ofScotland, and Mr. President — 44. Nobs — Messrs. Bedford, Davis of New Madrid, Esther, Fletcher, GUbert of Platte, Morton, Owens, Switzler, and Thilenius — 9. Absent— Messrs. Adams, Bunce, Ellis, Poster, Gilstrap. Harris, Holdsworth,_ Hughes, Martin, Smith of Mercer, Weath- erby — 11. So the resolution was laid on the' table. On motion the Convention adjourned to meet to-morrow morning at 10 o'clock. EIGHTH r>.i?LY. Convention met pursuant to adjournment, the President in the Chair. Prayer by Rev. Dr. Eliot. The journal of the proceedings of the last session was read by the Secretary, and ap- proved. Mr. "Dkakb offered the following resolu- tion, which was adopted: Resolved, That the Secretary of State be requested to make out and transmit to this body a tabular statement of the vote of this State, by counties, on the eighth day of November last, for and against a Convention. Mr. Newgknt offered the following ordi- nance, which was read the first and second times, and, On motion of Mr. Drake, was referred to the Committee on the Judicial Depart- ment: AN OUDINANCB TO PROTECT CITIZENS AND SOLDIERS. Be it ordained hy the People of the State of Missouri, in Convention assembled : That no soldier nor citizen of this State shall be liable to any action by the civil authorities, for any act heretofore done, or that may hereafter be done, under the author- ity of any military command in this State. Mr. FiLLEY, Chairman of the Committee on Printing, presented the following report: The Committee on Printing unanimously and respectfully report, that from the nature of the printing that the Convention will, from time to time, demand, it is impossible for the Committee, or the Convention, in ad- vance, to determine, and, therefore, impossi- ble to give a schedule upon which a specific contract can be based If the Committee could be informed as to the precise quantity, kind and style, it woidd afford them the basis for such a contract. They have, therefore, adopted the basis of the last Convention, and made what appears TUESDAY, January 17th, 1865. to them a much more favorable an'angement, than, from the immense advance in labor and material, and the prices adopted by the last 'Convention, they expected, and, there- fore, have arranged with Messrs. McKee, Fishback & Co., of the Missouri Democrat, as follows : All printing, in book form, to be done on food sti'ong paper, in such type as may be irected by the Committee or ofllcer having superintendence thereof; all documents, and other job work, with such type and paper as may be directed by the proper ofll- cer. The printing to be done promptly and in a neat and workmanlike manner. Price for blank forms, one doUar and three cents for the first eight g^uu-es, each; and for every additional qmre eightj'-five cents. For public documents, eighty-five cents per thousand ems, for the first hundred copies, and twenty cents per thousand ems for each additional hundred copies. For pressing sheets, folding and stitching, and covering with strong paper covers, not over ten cents per volume, for less than thirty-two pages for each volume ; substan- tially half bound, leather covers and backs, and lettered, thirty cents. The Committee recommend the adoption of the foUovFing resolution: Resohed, That the Secretary of the Con- vention be instructed to have the printing done by Messrs. McKee, Fishback & Co. , on terms as above. (Signed) CHAUNCBY I. FILLEY, Ch'n. WILLIAM D'OENCH. WYLLYS KING. " On motion, the report and resolution were adopted. Mr. Strong offered the following resolu- tion, which was adopted: Resolved, That the Secretary of this Con- vention be, and hereby is, authorized to em- ploy such clerks as are absolutely necessaiy to copy the reports of committees for the purpose of having them immediately printed, and such other Dusiness as requires addi- tional assistance, under the direction of the 42 President, and to receive sucli remuueration as tlie President may deem right. Mr. Strong, Chairman of the Committee on Credentials, reported that Mr. A. J. Barr, of the Tenth District, had presented liis credentials, and that they are cori-ect. Mr. Barr came foward and took the oath, and was enrolled as a. member of the Con- Yention. Mr. BoNHAM offered the following reso- lutions : Resolved, That it is the sense of this Con- vention, that the Government of the United States should never propose terms of peace to the so-called Southern Confederacy, but should prosecute the war with aU the means and power of the Government, to its final end, and until everj"- rebel acknowledges and bows to the supremacy of the Constitution of the United States, and the laws passed in pursuance thereof. Resolved, That a copy of these resolutions be authenticated by the President and Sec- retary of this Convention, and forwai'ded to the President of the United States, the Pres- ident of the Senate, and the Speaker of the House of Kepresentatives in Congress. Mr. Green offered the following resolu- tions as a substitute for the resolution of Mr. Bonham : Resolved, That this Convention would hail with delight the cessation of hostilities be- tween the armies of the Union and the armies of the so-called Cojifederate States of Amer- ica: Provided, however. The same can be brought about on terms consistent with the honor, integrity, unity, and perpetuity of the Union of all the States, and the irrevo- cability of the Proclamation of Emancipa- tion, issued by President Lincoln in Jan- uary, 1863. Resolved, That unless these ends can be accomplished in negotiations for peace, it is our opinion that the war should be prose- cuted to its ultimate consequences, trusting that, under the providence of God, final vic- tory to the Union arms will be secured, the ultimate overthrow of the rebellion, and the restoration of peace, with the Union pre- served, and with universal emancipation through all the States. Mr. Strong offered as a substitute the following resolution: Resolved, That the terms of peace proposed by the President of the United States, in his late annual message, which are in effect that peace will be restored when those who be- gan the war lay down their arms , and submit to the Constitution and laws of the United States, meet with the cordial approval of this Convention, and of the loyal people of the State of Missouri; and we are of the opinion that they are the only terms consistent with the honor and the safety of these United States. Mr. Krekel offered the following resolu- tion, which was read, as a substitute for the original proposition and substitutes therefor: Resolved, That this Convention looks with apprehension to the preparation novrtnaldng on the pai-t of the Southern States to return to their allegiance as States by separate State action, because of the claim of State sovereignty implied therein, as well as the danger to "the cause of freedom to the slaves yet held in bondage; and we call upon the (government, the Congress, and the people of the United States, not to expose the people of the South to that fearful ordeal of gradual emancipation, through which the people of Missouri have passed, which has laid waste her fields, and expelled from their homes and caused the murder of many of her best citizens. On motion of Mr. Bush, the resolution of Mr. Bonham, and the substitutes therefor, were referred to a select committee of five, to be appointed by the Chair. On motion of Mr. Williams of Caldwell, Mr. Barr was allowed to record his vote on the Ordinance of Emancipation, which be recorded in the afiirmative. On motion of Mr. Williams of Caldwell, Mr. Barr was added to the Committee on Militia. Mr. D'Obnoh offered the following ordinance relative to banks and banking houses : Be it ordained by the People of Missouri, in Convention assembled: 1. The General Assembly shall not have power to establish or incorporate any bank, or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer. 2. Corporations not possessing banking powers or privileges may be formed under general laws, but shall hot be created by special acts, except for municipal purposes, and in cases where, in the judgment of the General Assembly, the objects of the corpo- ration can not be attained under general laws . 3. The charters granted to banks of issue are hereby revoked; but, for the purpose of liquidation, they are permitted to continue their business until the first day of July, 1866, when they shall cease to exist. On motion of Mr. Bush, this ordinance was referred to the Committee on Banks. On motion of Mr. Drakk, the article on Declaration of Rights was made the special order of business at 3 o'clock this afternoon. On motion, the Convention adjourned nntU 3 o'clock p. m. 43 AFTEKNOON SESSION. The Conveution met pursuant to adjourn- ment, the President in the chair. A quorum being present, the Convention proceeded to business. The Pkesident announced the following as the special committee to whom was refer- red Mr. Bonham's resolution, and the sub- stitutes thei-efor: Messrs. Bush, Bouham, Green, Strong, and Barr. Mr. Martin offered the foUowijig resolu- tions : Resolved, 1. That all persons now hold- ing, or who may hereafter hold, any real or personiil propertj' in trust for the uses and purposes of schools, academies, colleges, or other institutions of learning, or for pur- poses of religious woi'ship, or for charitable or benevolent objects; and all officers and teacliers in any institution of learning, and all ministers, ordained or licensed preacliers, of any religious denomination, shall, within thirty days after the passage of this ordi- nance, and otherwise before entering on the duties of their several stations, take and subscribe an oath that they have not at any time taken up arms against the Government of the United States , or the State of Missouri , nor in any manner given aid or comfort, by word, deed, wiiting, or otherwise, to the enemies of the United States, or the State of Missouri. 2. All persons now holding any of the positions named in the foregoing article, who fail to take and s\ibscribe the oath therein set forth, within thirty days after the passage of this ordinance, or who may at any time have enrolled themselves as disloyal, shall thereafter cease to hold or exercise any of the duties or functions of these several sta- tions, and the proper courts may fill the vacancies that may be thus created in any board of trustees. 3. Any person who may be convicted of taking the said oath falsely, shall be pun- ished as for perjury, in such manner as the Legislature may prescribe by law. On motion, the resolutions were read the second time and ordered to be referred to the Committee on Elective Franchise. Mr. Nkwgent presented the following petition from the loyal citizens of Platte county. Mo., which was read for informa- tion, viz: To the Honorable the President and members of the Convention of the State of Missouri : The undersigned, the loyal citizens of the county of Platte, resjjectfuUy represent that the courthouse and jail of the said county have been destroyed by Are, and the County Court of said county desire soon to rebuild the same; that the seat of justice of the said county has- been^cated at Platte City for more than ten years, and can not be removed except by the present oppressive and- pEa« hibitory law, or by ordinance of your honor- able body, that the loyal men of the county, almost without exception, earnestly desire and now petition for an immediate and per- emj)toi'y removal and change of said seat of justice, and its permanent location in the city of Weston. The imdersigned would further represent that, in consequence of Platte City being situated in the interior of the county, and in the midst of a population almost unanimous against our national and State governments, among whom bushwhackers and guerrillas have been persistently maintained, the records of the county are in constant danger of destraction so long as they are kept in said place, and loyal men are in danger at times when going to said place to examine the same, or 'to attend the several courts. These bands of guerrillas have prevented the sessions of our courts at different times — have once arrested our Circuit Judge when attempting to hold court, and at our last fall term it was unsafe and impracticable to hold court without a constant escort of the court by a large military force. The present law prohibits the loyal men from removing tlie county seat, until they have paid the disloyalists for their property at the present county seat; and as we do not desire to reward these for keeping the county seat so long in the hands of rebels and traitors, we do not propose to buy their property, which, in most cases, if justice were done, would be forfeited to the Govern- ment for treason. We therefore most earnestly pray your honorable body, whatever may be your dis- inclination to tins class of business, to do that for us which no other body can effect- ively and lawfully do. Weston, Jan. 9, 1865. (Signed by 908 names.) Mr. Nbwgent offered the following reso- lution, which was not agreed to: Resolved. That the petition of the loyal citizens of Platte county be referred to a select committee ot five, to be appointed by the President, with instructions to inquire into the expediency of reporting an ordi- nance that will secure the object sought by said petitioners. Upon motion, the petition offered by Mr. Newgent was referred to the Committee on the Legislative Department. Mr. Barr offered the following ordinance, which was read the first and second time, and referred to the Committee on the Judi- cial Department ^ 44 AN ORDINANCE TO ABOLISH OERrAIN PENAL- TIES. Be it ordained hy the People of the State of Missouri, by^their Delegates in Convention — assemSled, as follows: 1. That all penalties ^*ifl causes of action which may heretofore have accrued to, or which may have been inciu-red by, any per- son or persons, or by any incorporated com- pany, or body corporate; by reason of the violation of any statute in relation to the transportation of slaves, are hereby annulled and forever abolished ; and .all suits now pending for the recovery, or enforcement of any and every penalty, or cause of action, are hereby declared to be abated. Mr. BuDD oflfered the following resolu- tion, which was adopted: Mesolved, That the Committee on Printing be instructed to cause 200 copies of all ordinances or other matter to be laid before the Convention, instead of 100 copies, as heretofore ordered. Mr. Smith of Worth offered the following resolution : Resolved, That the Committee on Printing cause to be published 4,900 copies of the Ordinance of Emancipation, as engrossed, with the names of the members of the Con- vention, and vote of each member opposite his name, upon its passage, duly cert)jS.ed by the President and Secretary, for the use of the members of this body. Mr. Owens moved to amend the resolution by striking out "4,900" and inserting "71,000." Mr. Plbtchee moved to lay the resolu- tion and amendment on the table. Upon this motion, the ayes and noes were demanded, and the vote being taken, stood as follows : Ayes — Messrs. Push, Davis of New Madrid, Drake, Esther, Evans, Fletcher, Pulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Green, Harris, Holland, Hume, King, Leonard, Linton, Martin, Morton, Nixdorf, Owen, Eankin, Rohrer, St. Gem, Sutton, Switzler, Thilenius, Wil- liams of Caldwell, and WUliams of Scotland —29. Nobs — ^Messrs. Barr, Bedford, Bonham, Budd, Childi-ess, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, EUis, Filley, Folmsbee, Grammer, Henderson, Holcomb, Husmann, McKernan, McPherson, Mack, Meyer, Mitchell, Newgent. Peck, Smith of Mercer, Smith of Worth, Strong, Swearin- gen, and Mr. President— 29 . Absent — Messrs. Adams, Bunce, Poster, Gilstrap, Holdsworth, Hughes, and Weath- erby— 7 . So the motion to lay on the table was lost. On motion, Mr. Owens' amendment was -then rejected. The question then being on the adoption of the resolution offered by Mr. Smith of Worth, Mr. St. Gem demanded the ayes and noes, which being taken, the vote stood as follows: Ayes— Messrs. Barr, Bedford, Bonham, Budd, Childress, Clover, Cowden, Davis of Nodaway, D'Oench, Ellis, FUley, Folmsbee, Pulkerson, Grammer, Henderson, Holcomb, Husmann, McKernan, McPherson, Mack, Mai-tin, Mitchell, Newgent, Peck, Kohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Williams of CaldweU, and Mr. Pi-esident^-32. Noes — Messrs. Bush, Davis of New Madrid, Dodson, Drake, Esther, Evans, Fletcher, Gamble, Gilbert of Lawrence, Gil- bert of Platte, Green, Harris, Holland, Hume, King, Leonard, Linton, Morton, Nixdorf, Owens, Kankin, Swearingen, Switzler, Thilenius, and Williams of Scot- land — 25. Absent — ^Messrs. Adams, Bunce, Foster, Gilstrap, Holdsworth, Hughes, Meyer, and Weatherby — 8. So the resolution, as offered by Mr. Smith of Worth, was adopted. Mr. Mack offered the following resolution, which was read the first and second time, and referred to the Committee on the Judi- cial Department: A EESOLUTION TO CREATE COURTS OF APPEAL. Resolved, That the Committee on the Ju- dicial Department be instructed to inquire into the expediency of creating courts of appeal, said courts to be composed of the judges of the circuit courts of the State; the State to be divided into districts; each dis- trict to consist of five judicial circuits; the judges of the said circuits to be the judges of the said courts of appeal, who shall hear and determine all writs of error and appeal from the circuit courts of their districts; and that wi'its of error and appeals shaJl alone be taken from said courts of appeal to the Supreme Court of this State. Mr. Green offered the following resolu- tion, which was adopted: Resolved, That the regular hours for the assembling of this Convention shall be 10 o'clock A. M., and 3 o'clock p. m. Mr. Holland offered the following reso- lution : Resolved, That we most heartily approve of General Dodge's General Order No. 7, believing, as we do, that the only way to give to the loyal people of Missouri that security and protection to which they are justly entitled, and which alone can secure the peace and prosperity of the State, is to hold the rebels, and their sympathizers at 45 home, to a rigid responsibility and account- ability for the outrages committed by their friends, the bushwhackers and rebel ma- rauders . And on behalf of the Union-loving people, we tender General Dodge our thanks tor the decided step he has inaugurated, and pledge him a cheerful and cordial co-opera- tion in carrying his order into effect through- out the State. Mr. Newgbnt moved the adoption of the resolution, and demanded the ayes and noes thereon, which being taken, the vote stood as follows : Ayes — Messrs. Barr, Bedford, Bonham, Budd, Bush, Childress, Cowden, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Fletcher, Folmsbee, Fulker- son, Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Grammer, Green, Harris, Henderson, Holcomb, Holland, Hume, Hus- mann. King, Leonard, Linton, McKernan, McPherson, Mack, Martin, Mitchell, Morton, . Newgent, Nixdorf, Owen, Peck, Rankin, Kohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Thilenius, Williams of Caldwell, Williams of Scotland, and Mr. President^-55. Noes — ^None. Absent — ^Messrs. Adams, Bunce, Clover, Davis of New Madrid, Filley, Foster, Holds- worth, Hughes, Meyer, and Weatherby— 10. So the resolution was unanimously adopted. Mr. Drake offered the foUovnng resolu- tion: Resolved, That the President of this Con- vention appoint a committee of three to wait on Major General Dodge, and present him with a copy of the resolution as ofl'ered by Mr. Holland this day, and unanimously adopted by this body. The resolution was adopted, and the President appointed Messrs. Drake, Hol- land, and Davis of Nodaway, as said com- mittee. On motion , the Convention adjourned mitil to-morrow at 10 o'clock. niis'th: d^y. 'GJonvention met pursuant to adjournment, thA President in the chair. Prayer by Kev. Mr. Snead.. Journal of yesterday's proceedings read. Mr. Gilbert of Lawrence stated that he was not absent, but voted in the affirmative for laying on the table the resolution offered by Mr. Smith of Worth, yesterday, relative to having the Ordinance of Emancipation printed, pis votS was so ordered to be recorded, and the vote on that proposition then stood, 29 atfirmative to 29 negative. Journal of proceedings approved. Mr. Drake called for the regular ord%r of the day, being the article on Declaration of Rights. Upon motion of Mr. Strong, the Conven- tion resolved itself into a Committee of the Whole for the purpose of taking under con- sideration amendments to the Constitution. After some time spent therein, the Presi- dent resumed the chair, and Mr. Nbwgent reported that the Committee of the Whole had, according to order, had under con- sideration amendments to the Constitution, and particularly the article, on Dedaration WEDNESDAY, January 18th, 1865. of Rights, but had come to no resolution , thereon. Mr. Gkmn, Chairman of the Committee on the Executive Department, presented the following report and accompanying article: To the President and Gentlemen of the Canioein- tion: Your Committee on the Executive Depart- ment beg leave to submit herewith their report, which has been m aU particulars agreed to by the majority of the committee, two members of the committee dissenting therefrom only because of the employment of the word "white' ' in two sections of the article . The majority recommend the adop- tion of the article herewith reported, as a part of the Constitution of the State. It will be perceived that we have made but few alterations in the article as it at present stands in the Constitution, prefernng to adopt it as it is in every respect, where we did not deem a change necessary. AU of which is most respectfully sub- mitted. M. P. GREEN, Chairman. St. Louis, January 18, 1865. ARTICLE IV. Of the Executive Power, Section 1. The supreme executive power shall be vested in a chief magistrate, who 46 shall be stjrled "The Governor of the State of Missouri." X Sec. 2. The Governor shall be at least tTiirty-five years old, a white male citizen of the United States ten years, and a resident of the State of Missouri seven years, next before his election. Sec. 3. The Governor shall hold his office four years, and until a successor be duly elected and qualified. At the time and place of voting for members of the House of Rep- resentatives, the qualified electors shall" vote for a Governor; and when two or more per- sons have an equal number of votes, and a higher number than any other person, the election shall be decided between them by a joint vote of both houses of the General As- sembly, at their next session. Sec. 4. The Governor shall be ineligible for the next four years after the expiration of his term of service. Seo. 5. The Governor shall be com- mander-in-chief of the militia and navy of this State, except when they shall be called into the service of the United States ; but he need not command in person unless advised to do so by a resolution' of the General As- sembly . Sec. 6. The Governor shall have power to remit fines and forfeitures, and, except in oases of impeachment, to grant reprieves and pardons. He shall take care that the laws be distributed and faithfully executed, and shall be a conservator of the peace throughout the State. Sec. 7. The Governor shall, from time to time, give to the General Assembly informa- tion relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the General Assembly by proclamation, and shall state to them' the purposes for which they are convened. Sec. 8. When any office shall become vacant, the Governor, unless otherwise pro- vided by law, shall appoint a person to fill such vacancy, who shall continue in office until a successor shall be duly elected or appointed, and qualified according to law. Sec. 9. Every bill which shall have been passed by both houses of the General Assem- bly, before it become a law, shall be pre- sented to the Governor for his approba- tion. If he approve, he shall sigji it; if not, he shall return it, with his objections, to the house in which it shall have origina- ted; and the house shall cause tlie objections to be enteied at large on its journals, and shall proceed to reconsider the bUl. After such reconsideration, if a majority of all the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall, in lilce manner, be reconsidered, and, if approved by a majority of all the members elected to that house, it shall become a law. In all such cases the votes of both houses shall be taken by ayes and noes; and the ndSnes of the members voting for and against the bill shall be entered on the journals of each house respectively. If amy bill shall not be returned by the Governor within ten days ( Sundays excepted ) after it shall have been presented to him, the same shall become a law in like manner as if the Governor had signed it, unless the'General Assembly, by its adjournment, shall prevent its return; in which case it shall not become a law, unless the Governor, after such ad- journment, and within ten days after the bill was presented to him (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State ; in which case it shall become a law, in like manner as if it had been signed by him during the session of the General Assembly. Sec. 10. Every resolution, to which the concurrence of the Senate and House of Kepresentatives may be necessaiy, except on questions of adjournment, and of amending this Constitution, shall be presented to the Governor; and, before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill. Sec. 11. The Governor shall, at stated times, receive for his senices an adequate salary, to be fixed by law, which shall neither be increased nor diminished during his continuance in office. Sec. 12. There shall be a Lieutenant Gov- ernor, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications as the Governor. Sec. 13. The Lieutenant Governor, by virtue of his office, shall be President of the Senate. In committee of the whole, he may debate on all questions; and when there is an equal division, shall give the casting vote in the Senate, and also m joint vote ot both houses. Sec. 14. When the office of Governor shall become vacant, by death, resignation, ab- sence from the State, removal from office, refusal to qualify, impeachment, or other- wise, the Lieutenant Governor, or in case of like disability on his part, the President of the Senate pro tempore, or if there be no President of the Senate pro tempore, the Speaker of the House of Representatives shall possess all the powers and discharge all the duties of Governor, and shall receive for his services the like compensation, until such vacancy be filled, or the Governor, so absent or impeached, shaU return, or be acquitted. And if at any time the President of the Senate or Speaker -of the House of Representatives shall be the acting Governor, another presiding officer shall" be chosen in his place by the body over which he pre- sides. Sec. 15. Whenever the office of Governor shall become vacant by death, resignation, removal from office, or otherwise, the Lieu- tenant Governor, or other person exercising the powers of Governor for the time being, so soon as may be, shall cause an election to be held to fill such vacancy, giving three months' previous notice thereof; and the 47 person elected shall not thereby be rendered ineligible to the office of Governor tor the next succeeding term . Nevertheless , if such vacancy shall happen within eighteen months of the end of the term for which the late Governor shall have been elected, no such election shall be held to fill such vacaucy. Sec. 16. The Lieutenant Governor, or President of the Senate joto tempore, while presiding in the Senate, shall receive the same compensation as shall be allowed to the Speaker of the House of Bepresentatives . Sec. 17. There shall be a Secretary of State, a State Auditor, a State Treasurer, and an Attorney General, who shall be elected by the qualified voters of the State at the same time, in the same manner, and for the same teim of office as the Governor. No person shall be eligible to either of said offices unless he be a white male citizen of the United States, and at least twenty-tive years ■ old, and shall have resided in this State five years next before his election. The Secre- tary of State, the Auditor, the State Treas- urer, and the Attorney General shall keep their respective offices at the seat of Govern- ment, and shall perf'orm such duties as may be required of them by law. Sec. 18. The returns of all elections of Governor, Lieutenant Governor, and of other State officers, shall be made to the Secrebuy of State, in such manner as may be pre- scribed by law. Sec. 19. Contested elections of Governor and Lieutenant Governor shall be decided by joint vote of both houses of the General As- sembly, in such manner as may be prescribed by law. Sec. 20. Contested elections of Secretary of State, State Auditor, State Treasurer, and Attorney General, shall be decided before such tribunal and in such manner as may be by law provided. , Sec. 21. The Secretary of State shall, as often as maybe necessary, iirocure the seal of State, with such emblems and devices as are now established by law, which shall not be subject to change. It shall be called the "Great Seal of the State of Missouri;" it shall be kept by the Secretary of State; and all official acts of the Governor, his appro- bation of the laws excepted, shall be thereby authenticated. " Sec. 22. The Secretary of State shall keep a register of the official acts of the Governor, and, when necessary, shall attest them ; and shall lay copies of the same, together vrith copies of all papers relating thereto, before either house of the General Assembly, when- ever required to do so. Sec. 23. No money shall be drawn from the treasury but in pursuance of appropria- tions made by law; and an accurate account of the receipts and expenditures of the public moneys shall be published annually, and a strict accountability therefor enforced. Sec. 24. There "shall be elected, by the qualified voters in each county, at the time and places of electing representatives, a gherifi and a coroner. They shall serve for two years, and until a successor be duly elected and qualified, unless sooner removed for malfeasance in office, and shall be ineligi- ble four years in any period of eight years. Before entering on the duties of their office, they shall give securit}'' in such amount and in such manner as shallbe prescribed by law. Whenever a county shall be hereafter estab- lished, the Goveraor shall appoint a sheriff and coroner therein, who shall continue in office until the 'next succeeding general elec- tion, and until a successor shall be duly elected and qualified. Sec. 25. Whenever vacancies happen in the office of sheriff or coroner, the same shall be filled by the county court, or other tribunal charged with the transaotiou of county busi- ness. If such vacaucy happen in the office of sherifl:' more than nine months prior to the time of holding a general election, such county court, or other tribunal shall imme- diately order a special election to fill the same, and the person by it appointed shall hold office until the person chosen at such election shall be duly qualified; otherwise the person appointed by such couuty court, or other tribunal, as aforesaid, shall hold office until the person chosen at such general election shall be duly qualified. If a vacancy happen in the office of coroner, the same shall be filled, for the remainder of the term, by such county court or other tribunal. No person elected or appointed to fill a vacancy in either of said offices shall, thereby, be rendered ineligible for the next succeeding term . Sec. 26. In all elections for sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the presiding judge of the county court of the county shall give the casting vote; and all contested elections for the said offices shall be decided by the circuit court of the proper county, in such manner as the General Assembly may, by law, presQribe. Sec. 27. The Governor shall commission all officers not otherwise provided by law ; but all such commissions shall run in the name and by the authority of the State of Missouri, be sealed with State seal, signed by the Governor, and attested by the Secre- tary of State. Mr. HusMANN, of the Committee on Bx- ecntive Department, submitted the follow- ing minority report: The undersigned, members of the Com- mittee on Executive, beg leave to submit the following minority report: We cordially agree with the majority of the committee, in all the propositions sub- mitted bjr them to your honorable body, except in including the single word ' 'white' ' in sections 2 and 23 of article 4, which we wish to see omitted. In differing thus from the majority of the committee, we beg leave to state that we do so not from petty in- clination to cavil or sti-ife, but because we 48 believe that one all-merciful God is the Father of all, and that, before Him, all men are equal; that we act in accordance with His will, as well as with the dictates of oui' eon- science, and the views of our constituents, by protesting against any distinction, to be made in the organic law henceforth to govern the free State of Missouri, between white, black, red, or brown, but that all are equal. We hold that we were not sent here to pan- der to a prejudice which may unfortunately exist, but to deal equal justice to all, with- out regard to color. With all due deference and kindly feeling toward the views of the other members of the committee, we beg leave to enter our most solemn protest against inserting the word "white' ' in any of the articles of the new Constitution of our State, which we still hope and pray will be a model of justice to all. We are not afraid that a colored citizen will ever be an aspii-ant to the oflBce of Grovemor, or any other State office ; but should it be so, should he — ^though sprung from a race systematically kept in ignorance by the tyranny of the white man — still be the superior of his white competitor, in qualifi- cation or talent, we do not wish that he should be barred out because, unfortunately, his skin was not as white. All of which is respectfully submitted. GEORGE HUSMANN, G. C. THILENHJS, Members of Committee on Executive. \ , On motion, 200 copies of each report, with the accompanying Article, were or- dered to be printed for the use of the mem- bers. On motion, the Convention adjourned un- til 3 o'clock this afternoon. AFTERNOON SESSION. Convention met pursuant to adjournment, Ml'. President in the chair. A quorum being present, the Convent^pn proceeded to business. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein the Vice President took the chair, and Mr. Bonham reported that the Committee of the Whole had, according to order, had under consideration amend- ments to the Constitution, and particu- lai-ly the Article on Declaration of Rights, but had come to no resolution thereon. On motion, the Convention adjourned until 10 o'clock to-morrow morning. TEI^TH D^Y. Convention met pursuant to adjournment, the Pi-esident in the chair. Prayer by the Rev. Mr. Fenton. Journal of yesterday's proceedings read by the Secretary and approved. Mr. BuDD presented a petition from the Rev. Dr. Eliot, praying for an ordinance to establish certain qualifications of voters in Missouri, which was read for information, and, on motion, referred to the Committee on Elective Franchise . Mr. Williams of Scotland presented five petitions from the Loyal Leagues of North Missouri, praying for a change in the judi- ciary system of Missouri; one of which was read for information, and they were, by order, referred to the Committee on Judi- ciary. On motion of Mr. Dkake, the Convention resolved itself into a Committee of the THURSDAY, January 19th, 1865. Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Gilstrap reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Bights, but had come to no resolution thei'eon. On motion, the Convention adjourned until 3 o'clock this afternoon. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. A quorum being present, the Convention proceeded to business. On motion of Mr. Drake, the Convention 49 resolved itself into a Committee of the Wliole to resume consideratiou of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Budd reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to ho resolution thereon. On motion, the Convention adjourned until to-morrow morning at 10 o'clock. ELEVENTH D^Y. FRIDAY, JANUiJiY 20th, 1865. Convention met pursuant to adjournment, the President in the chair. * Prayer by the Rev. Dr. Post. iMr. BoNHAM introduced the following ordinance on the confiscation of rebel prop- ei-ty in this State for the use of the State ; also , the following preamble and resolutions : OKDIN-ANOB OF OONI'ISCATION. Section 1. All property, both real and personal, in this StatCj owned by any person or persons having a wife or issue of his own body alive, who has, since the commence- ment of the present rebellion, taken up arms against the General G-overnment, or against the ProvisionalGovernmentof this State, or who has aided and abetted the enemies thereof, by furnishing food or raiment, or munitions of war of any description what- ever j shall be confiscated to the State of Mis- souri during the life-time of the owner thereof; and the Legislature shall pass laws to take possession or all such property, and dispose of the same for the benefit of the State. Sec. 2. AU property, both real and per- sonal, owned in this State by any person or persons having neither wife nor issue of his own body alive, who has, since the present rebellion commenced, taken up arms against the Government of the United States, or against the Provisional Government of this State, or who has aided and abetted the ene- mies thereof by furnishing food or raiment of any kind or description whatever, is hereby confiscated to this State forever; and the Legislature shall pass laws to take pos- session of all such property, and sell or dis- pose of the same for the benefit of the State. Sec. 3. All propert}"-, both real and per- sonal, oviTied by any person or persons in this State who shall hereafter take up arms against the Government of the United States, or against the Government of the State of Missouri, or who shall hereafter aid or abet the enemies thereof in any manner or form, dhectly or indirectly, or who shall hereafter refuse to aid either government aforesaid in repelling invasion or suppressing rebellion, shall be confiscated and forfeited to this State forever, and shall be disposed ot by the Legislature for the benefit of the State. Sec. 4. The net proceeds of all property mentioned in this article shall inure to the benefit of education, and shall be applied to the support of schools, and be used for no other purpose whatever. Sec. 5. This ordinance shall not be of force until the Congress of the United States shall approve of the same, by joint resolu- tion, or otherwise. Whekbas, Alargenumber of wealthy citi- zens of this State, since- the commencement of the present rebellion, have levied war and taken up ai-ms against the Government of the United States and the Provisional Gov- emuent of this State, thereby denational- izing themselves by their own voluntary act, and by which they have forfeited all theu" rights under the Constitution and laws of the United States, and also under the Constitu- tion and laws of Missouri; and Whereas, Through the fiendish acts of disloyal persons, Missouri- has been brought to the verge of ruin, her loyal citizens have been tortiu'ed, mobbed and slain in the most bai'barous manner, because they dared to maintain and defend our National Govern- ment; their houses have been sacked and burned, until Missouri has become one vast desolation, where rebels could gain a foot- hold; and , Whekbas,' This Convention believes that our National Government is willing to do justice to all States that have been loyal to our national flag ; and this Convention further believes that our Government has the right to confiscate rebel property; but, in justice to our depopulated State ?.nd financial condi- tion, and in justice to the loyal people of Missouri, her Legislattire should have th& control and benefit of rebel property confis- cated during the life-time of the ovnier thereof, who has a wife or issue of his own body alive; and this Convention further be- lieves that property confiscated, owned by disloyal persons having neither wif^ nor issue 60 of his own body alive, justly belongs to the State of Missouri forever; and Whereas , This Convention does not intend to do any act conflicting with existing laws of Congress on the subject of the confiscat- ing of property belonging to disloyal persons of Missouri : be it therefore Resolved by this Convention, That our hon- orable Senators and members of the House of Representatives in Congress are requested to use all honorable means to procure the passage of joint resolutions by Congress, releasing to the State of Missouri aU property owned in this State which has been confis- cated to the United States in pursuance of laws passed by Congress relative to the con- fiscation of property owned by disloyal per- sons, and that the proceeds of said property be applied to the objects set forth in an article for the confiscation of property, passed by this Convention. Resolved, That an authenticated copy of these resolutions, accompanied by an authen- ticated copy of an ordinance for the confisca- tion of property, passed by this Convention, be forwarded, by the Secretaiy of this Con- vention, to the President and Vice President of the United States, one copy to the Speaker of the House of Representatives in Congress, and one copy to each of our Senators and members in Congress from this State . Mr. BoNHAM moved that the President ap- point a special committee of seven to take said ordinance and resolutions under consid- eration, and to report by ordinance, or otherwise; which motion was agreed to. Mr. Strong introduced a communication concerning rebel property in Lexington, La- fayette county, Missouri, and asked that it be referred to the same special committee that take under consideration the ordinance and resolution offered by Mr. Bonham; and the communication was ordered to be so referred. On motion of Mr. Drake, the Conven- tion resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution . After some time spent therein, the President resumed the chair, and Mr. Leonard reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. On motion of Mr. St. Gem, the Con- vention adjourned until 3 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Ml-. Mitchell presented a petition from the Loyal League of North Missouri, which was read and referred to the Committee on the Judiciary. On motion of Mr. Drake, the Conven- tion resolved itself into a Committee of the. Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Hume reported that the Com- mittee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. On motion of Mr. St. Gem, leave of ab- sence was granted to Mi-. Fletcher. On motion of Mr. Owens, the Conven- tion adjourned until to-morrow morning at 10 o'clock. T^S^ELFTEt D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Niccolls. A communication and absti'act received from Hon. Francis Rodman, Secretary of State, was read for information. On motion of Mr. Drake, the commu- nication and enclosed abstract were ordered to be spread upon the journal of the Conven- tion. They are as toUows: SATURDAY, January 21st, 1865. Office Secretary op State. Missouri, 1 aty of Jefferson, January 19, 1865. / Hon. A. Krekbl, President of the State Con- vention, St. Jjouis, Mo. : Sir— In obedience to a resolution adopted by the State Convention, I have the honor to submit the enclosed abstract of votes cast in the several counties of the State at the last November election " for " and ' ' against ' ' a "State Convention," as returned totliis ofiice. A number of counties did not make any return at all, whUe others in their re- 51 turns only quoted the name of the persons elected to the Convention, without giving the number of votes cast either ' ' for ' ' or ' ' against. ' ' The Fifteenth Senatorial Dis- trict, composed out of the counties Johnson, Henry, Benton and St. Clair, returned the vote ' ' for ' ' and ' ' against " a " State Con- vention, ' ' as cast in the whole Senatorial District, consequently I am not able to fur- nish the vote of these counties separately. I have the honor to be, verj' respectfully, your obedient servant, FRANCIS RODMAN, Sec'y of State. Abstract of the votes cast '^for" and "'against'^ a ''State Convention," at the November election, A, A . 1864, of the State of Missouri : a ^a a „.a Counties. ra > Ma Counties. 124 Linn 682 38 Livingston.... 355 6 McDonald 26 398 Mscon 1301 20 Madison 219 ... Marion 9 3 ... Maries 112 ... Mercer 959 25 Miller 404 839 Mississippi ... 39 763 Moniteau 678 ... Monroe 105 74 Montgomery.. 492 970 Morgan 214 8 New Madrid... 44 497 Newton 65 79 Nodaway 740 ... Oregon 104 Osage e86 ... Ozark ... Pemiscot 1 Ferry 100 Pettis 718 776 Phelps 70 ... Pike 1064 478 Platte 378 414 Pulk 616 274 Pulaski 11 Putnam ... Balls 241 283 Bandolph 307 180 Bay ... Beynolds ... Bipley 2 St. Charles.... 1486 ... St. Clair 223 327 St. Francois.. 137 120 St. Genevieve. 339 ... St. Louis 13322 302 Saline 177 26 Schuyler 329 187 Scotland 878 ... Scott 160 1 Shannon 75 Shelby 360 6 Stoddard ... Stone 92 ... Sullivan 697 486 Taney 12 Texas 228 Vernon . . . Warren ..... 339 Washington.. 44 Wayne 402 Webster 42 Worth 184 641 Wright 6 345 •Aggregate vote of Fifteenth Senatorial District, composed of the counties of John- son, Henry, Benton, and St. Clair 1834 Adair 576 Andrew...!... i||6 Atchison 625 Audrian 128 Barry 119 Bates 27 Barton Benton* Bollinger 128 Boone 174 Buchanan 1771 Butler Caldwell 412 Callaway 203 Camden 439 C. Oirardeau.. 943 Carroll 212 Carter Oass 66 Cedar 295 Chariton 337 Christian 3C6 Clarke 393 Clay 179 Clinton 277 Cole 1069 Cooper 627 Crawford ... . 377 Dade 399 Dallas 421 Daviess 740 DeKalb 303 Dent 108 Dodge Douglas 134 Dunklin Franklin 1617 Gasconade 7U Gentry Green 1661 Grundy 643 Harrison 1130 Henry* Hickory 273 Holt 625 Howard 308 Howell Iron 471 Jacksun 501 Jasper 6 Jefferson 917 Johnson* Knox 686 Laclede 142 Lafayette 231 Lawrence 525 Lewis 755 Lincoln 474 3 897 441 96 318 a > be a < o o 107 446 'io 58 461 128 251 410 635 227 235 97 360 1 910 204 315 7263 64 194 623 142 261 264 14 186 84 61 470 66,418 26,832 Office Sbcketaey of State, "I City of Jefferson, Mo., Dee. 19, 1885. / I, Fbancis Rodman, Secretaiy of the State of Missouri, do hereby certify that the above and foregoing is a true and correct abstract of votes polled ' 'for' ' and ' 'against' ' aState Convention, at the election held on the 8th day of November, A. D. 1864, as retui-ned and now on file in this office. In testimony whereof I have hereunto PI set my hand and affixed the seal of my LL. B.J QfjQg tijg jjjy anil yggj. ^bovc written. FRANCIS RODMAN, Seeretary of State. The following Special Committee on Con- fiscation was announced, viz. : Messrs. Bon- ham, Owens, Mack, Folmsbee, Gilbert of Platte, Holland, andDodson. On motion of Mr. Drake, the Conven- tion resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Mitchell reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the ai-ticle on Declaration of Rights, but had come to no resolution thereon. On. motion of. Mr. Davis of Nodaway, the Convention adjourned until 3 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole , to resume consideration of amendments to the Constitution. After some time spent therein, the President resumed the char, and Mr. Folmsbee reported that the Commit- tee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. Mr. Meyer, Chairman of committee to employ suitable persons to report the pro- ceedings of this Convention, presented the following supplementary report: The Committee to employ a suitable per- son ta report the proceedings and debates of this Convention, beg leave to make a supple- mentary report, and would recommend that Mr. L. L. Walbridge, the reporter of the 52 Couvention, be authorized to employ such assistance as he may require , and that in compensation therefor he shall be allowed seventy dollars ( $70 ) per week for the time he is actually engaged in writing out the debates, revising and preparing the same for the press, after the adjournment of the Con- vention, and that the" Committee to employ the reporter be authorized to audit his account. On mption of Mr. Strong, the report was received and adopted. Mr. "Williams of Caldwell asked leave of absence for two days, which was granted. Mr. Holland gave notice that he would introduce the following additional rule on Monday : Rule — . Th6 rules of proceedings in the Convention shall be observed in Committee of the Whole so far as they be applicable, and no member shall speak twice to any question until every member choosing to speak, shall have spoken. Which was read, and laid over under the rule governing the Convention. Mr. FiLLEY rose to a privileged question, and gave an explanation as regards the amount of expenses, up to date, that have been incurred by the Committee onPrinting, for the Convention. On motion of Mr. Drake, the Convention adjourned tiU next Monday morning, at 10 o'clock. TiSEIRTEEISrTH: D^Y. Convention met pursuant to adjoui'nment, the President in the chair. Prayer by Rev. &. Anderson. 'The rule proposed by Mr» Holland, on, Saturday, limiting debate in Committee of the Whole, was read a second time. Mr. BuDD offered the following amend- ment to the rule as proposed: Provided, When a report of a committee is under consideration, the chairman of such committee shall be privileged to speak as often as he may deem expedient. Mr. Holland accepted the amendment. .The question then being on the adoption of the rule as amended, it was rejected. JVIr. Strong offered the following resolu- tion, which was adopted: Resolved, That Dr. W. G. Eliot be re- quested to, deliver an address in this hall on Tuesday evening, the 24th instant, at 7 J o*clocli;, on the subject of "Education, as connected with the Right of Suffrage. ' ' Mr. Green asked leave of absence for Mr. Clover, which was granted. Mr. Weatherby asked leave of absence for Mr. Smith of Worth, which was granted. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and MONDAY, January 23d, 1865. Mr. HoLCOMB reported that the committee had, according to order, had under consid- eration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. On motion of Mr. Bonham, the Convention adjourned until 3 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Drake, the Convention resolved itself into Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and jyir . Esther reported that the committee had, according to order, had under consid- eration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. On motion of Mr. Martin, leave of ab- sence was granted to Mr. Adams, On motion of Mr. D'Obnch, the Conven- tion adjourned until to-morrow morning at 10 o'clock. 53 fourteenth: d^y. Convention met pursuant to adjournment, the President in tlie chair. Prayer by Rev. Mr. Cole. On motion of Mr. Bonham, the Conven- tion resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. St. Gem re- ported that the Committee of the Whole had, according to order, had under con- sideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon . On motion of Mr. Bonham, the Conven- tion adjourned until 3 o'clock P. M. AFTERNOON SESSION., Convention met pursuant to adjournment, the President in the chair. The President caused to, be read a petition TUESDAY, Januaby 24th, 1865. from the soldiers of the 56th regiment Mis- souri volunteers (colored), pi'aying the Con- vention to extend to colored soldiers the right of sulfrage. On motion of Mr. Stkong, the petition was referred to' the Committee on Elective Franchise. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. McPhebson reported that the Committee had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declai'ation of Rights, but had come to no resolution thereon. On motion of Mr. Folmsbbe, the Conven- tion adjourned until 10 o'clock to-morrow morning. fifteenth: 3d^y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Dr. Schuyler. Ml-. HusMANN offered the foUovring reso- lution, which was adopted: Resolved, That the thanks of this Conven- tioii are due, and are hereby tendered, to the Rev. Mr. Eliot,' for the eloquent and able address on Ifedueation, connected with the elective franchise, delivered here last night. On motioii of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Husmann reported that the Committee had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. WEDNESDAY, January 25th, 1865. On motion of Mr. Bonham, the Conven- tion adjourned unti 3 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Bonham, the Conven- tion resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Davis of Nodaway reported that the Committee had, according to order, had under consideration amendments to the Constitution, and particularly the article on Declaration of Rights, but had come to no resolution thereon. On motion of Mr. Mack, the Conven- tion adjourned until 10 o'clock to-morrow morning. 54 -T* SIXTBEISTTH DA.Y. THURSDAY, January 26th, 1865. Convention met pursuant to adjom-ument, the President in the chair. Prayer by Kev. A. A. Kendrick. The Prbsidbnt appointed the following gentlemen as a Committee on Bevision under the rule, viz. : Messrs. Drake, Evans, Bush, Ellis, and Strong. Mr. Gamble asked and obtained leave of absence for Mr. Martin. ]Mr. BoNHAM offered the follovping pre- amble and ordinance relative to the Atchi- son and St. Joseph, and Atchison and Weston, and the Platte Country railroads, vrhich was read the first and second time, and, on motion of Mr. Budd, referred to the Committee on Finance : Whereas, In the year , the Legisla- ture of this State incorporated the St. Joseph and Atchison raih-oad companies, and in the year , the Legislature incorporated the Atchison and Weston Railroad Com- pany: and, whereas, said companies coni- pleted a part of the road bed, or grade, to each of said roads ; and, whereas, the Legis- lature, in the year , incorporated the Platte Country Railroad Company, and authorized the issuing of seven hundred thousand dollars in State bonds, to aid iia the construction of said road, both south and north of St. Joseph; and, whereas, the companies of the two former roads did trans- fer all their rights and franchises of said roads, together with the road beds already constructed, to the Platte Country Railroad Company; and, whereas, the Platte Coun- try Railroad Company took possession of said road beds, and, with the bonds issued by the State, completed said roads from St. Joseph to Atchison and Weston ; and, whereas, the Plattte Country Railroad Com- pany forfeited the right to said road by the non-performance of the contract with the State, in the neglect and refusal of said com- pany to pay the interest on the State bonds; and, whereas, the State sold said road, in September last, under the mortgage lien of the State, and the State became the pur- chaser thereof; and, whereas, the Platte Country Railroad Company, after having complete authority over, and did control, said road, and receiving the earnings of the same for four years, daim, together with the other two companies, that the transfer of the franchises and road beds to said Platte Country Railroad Company was illegal and void ; therefore, Be it ordained by the People of the State of Mis- souri , in Convention assembled : i Section 1. That all foreclosures of liens against railroad companies wherein State bonds have been issued to aid the same, and the State becomes the purchaser on the sale of foreclosure of mortgage^ the State shall take, hold, and retain the possession of the same, until a sale of such road can be effected by the State. 'Sec. 2. Thatthetransferof the St; Joseph and Atchison RaUroad Companies' franchises and road bed , and also the transfer of the Atchison and Weston Railroad franchises and road bed, to the Platte Country Railroad Company, is hereby declared to be legal and binding upon each company, respectively, and the charters of all three of said compa- nies are hereby declared to be forfeited ; and the Legislature is hereby prohibited from compromising with either or all of said com- panies, unless the said company or compa- nies pay to said State, in Missouri Railroad Bonds, or otherwise, the amount due the State as interest on said bonds, and in addi- tion thereto, said company or companies shall deliver to the State one year's interest on the seven hundred thousand dollars due the State, in advance, and thereafter, one year's interest shaU be paid in advance, annually. Mr. Williams of Caldwell offered a pre- amble and resolutions relative to the present draft, praying to have the same stopped. Mr. Mack moved that the matter be referred to the Committee on Militia, whtbh motion was disagreed to . Mr. Holland moved to refer it to a special committee of three. Pending which, Mr. Williams of Cald- well moved to amend the motion of Mr. Holland, by requiring said committee to report by Saturday morning next, at 10 o'clock, which amendment was adopted. The" motion, as amended, was then adopted. The President appointed the following gentlemen as a special committee, to take under consideration the resolutions of Mr. Williams of Caldwell, viz: Messrs. Wil- liams of Caldwell, Holland, and Smith ot Worth. Mr. St. Gem offered the following resolu- tion, which was referred to the Committee on Legislative Department : 55 Resolved, That all married women who are residents of the United States, and who are loyal to the Government thereof, have the right to hold property in their own name, both real and personal, independent of their husbands, and have the right to contract and be contracted with, independently of their said husbands. On motion of Mr. Budd, the Convention resolved itself into a Committee of the Whole to resume consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Foster reported that the committee had, according to order, had under con- sideration amendments to the Constitution, and particularly the article on Declaration of Eights, but had come to no resolution thereon. On motion of Mr. Davis of Nodaway, tlie Convention adjom-ned until 3 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chau-. Mr. GriLSTKAP asked leave of absence for Mr. Green, which was granted. Mr. Davis of New Madrid asked leave of absence for Mr. Bedford, which was granted. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to- the Constitution. After some time spent therein, the President resumed the chair, and Mr. Weatherby reported, that the Committee had, according to orders, had under consideration amendments to the Con- stitution, and particularly the article on De- claration of Rights, and had instructed him to report the same back, with sundry amendments. Mr. Fletcher asked leave of absence for Mr. Owens, which was gi'anted. On motion of Mr. Fletcher, the Conven- tion adjourned until 10 o'clock to-morrow morning. SEVENTEENTH D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Dr. B. F. Crery. The preamble and resolutions relative to the taxation of foreigners and aliens, pre- sented by Mr. Meyer, and heretofore referred to the Committee on Elective Franchise, and by them reported back, was, on motion of Mr. Bonham, taken from the file, and referred to the Committee on Finance. The Convention then took up the Declara- tion of Rights; the pending question being on the amendments reported back from the Committee of the Whole to the Convention, and, upon which the main question was ordered to be put. The first amendment having been read, as follows : Section 3, ( printed bill ) , insert after the word "conti-act" the words "otherwise than as others are disabled, ' ' The question was put, ' 'Will the Conven- FRIDAY, January 27th, 1865. tion agree thereto?" and it was decided in the afiirmative, without a division. So the first amendment was adopted. The second amendment having been read, as follows : Section 7, second line, strike out the words "is not bound by any," and insert in lieu thereof the words "that no," and add at the end of said section the words "can have any binding force, ' ' The qiiestion was put, ' 'Will the Conven- tion agree thereto?' ' and it was decided in the afiirmative, without a division. So the second amendment was adopted. The third amendment having been read, as follows : Section 9, fourth line, after the word "State" the words "nor be disqualified from testifying," The question was ijut, ' ' WiU the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the third amendment was adopted. 56 The fourth amendment having been read, as tollows : Section 11, insert after the word "any" the word ' 'chui-ch, ' ' The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the fourth amendment was adopted. The fifth amendment having been read, as follows : Section 12, third line, insert after the word ' 'any" the words "church or, " The question was put, ' 'WiU the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the fifth amendment was adopted. The sixth amendment having been read, as follows : Section 12, fourth line, strike out the word " suitable, " and insert the word ' 'required," The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the sixth amendment wag adopted. The seventh amendment having been read, as follows : Section 13, eleventh line, strike out the word "a" and insert "an incorporated church," The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the seventh amendment was adopted. The eighth amendment having been read, as follows : Section 13, ninth and tenth lines, strike out the words ' 'without the prior or subse- quent sanction of the General Assembly, ' ' The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the eighth amendment was adopted. The ninth amendment having been read, as foUows: Section 13, eleventh line, after the word ''congregation," insert the words "or to any person or persons, in trust, for the use of a church, religious society, or congrega- -tion, whether incorporated or not, ' ' The question was put, ' 'WiU the Conven- tion agree thereto?' ' and it was decided in the affirmative, without a division. So the ninth amendment was adopted. The tenth amendment having been read, as follows : Section 14, strike out the word "shall" and insert the words ' 'ought to, " The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the tenth amendment was adopted. The eleventh amendment having been read, as follows : Section 17, strike ont all after the word ' 'inviolate, ' ' The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, viathout a division. So the eleventh amendment was adopted. The twelfth amendment having been read, asfoUows: Section 18. iifth line, strike out the words "of the vicinage, ' ' The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the twelfth amendment was adopted. The thirteenth amendment having been read, asfoUows: Section 26, strike out the words "or for- feiture of estate, ' ' and insert in lieu thereof the words ' 'that there can be no forfeiture of estate for any crime except treason, ' ' The question was put, "Will the Conven- tion agree thereto?' ' and it was decided in the affirmative, without a division. So the thirteenth amendment was adopted. The fourteenth amendment having been read, asfoUows: Strike out all of section 80, The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the fourteenth amendment was adopted. The fifteenth amendment having been read , as follows : Section 31, strike out the word "shall," and insert in lieu thereof the words "oup'ht to, " ^ The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affirmative, without a division. So the fifteenth amendment was adopted. The sixteenth amendment having been read, as follows: Section 32, strike out the word "shall," after the word ' 'distinction, ' ' and insert in Ueu thereof the word "can, " 57 The question was put, "Will- the Conven- tion agree thereto?'' and it was decided in the affirmative, without a division. So the sixteenth amendment was adopted. The seventeentli amendment having been read, as follows: Section 32, strike out all^after the word "granted," The question was put, ' 'Will the Conven- tion agi-ee thereto?' ' and it was decided in the affirmative, without a division. So the seventeenth amendment was adopted. The eighteenth amendment having been read, as follows: Section 33 j first line, strike out the word "shall , " and insert in lieu thereof the words "ought to," The question was put, ' 'Will the Conven- tion agree thereto?" and it was decided in the affla-mative, without a division. So the eighteenth amendment was adopted. On motion of Mr. Drake, thefui-ther con- sideration of the Declaration of Eights was postponed, in order to have the same print- ed, with the amendments thereto, for the use of the Convention, and that the same be made the special order for February 2, 1865. On motion of Mr. Evans, the Convention adjoiu-ned until 3 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Draice, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. King reported that the committee had, according to order, had under consideration amendments to the Constitution, and partic- ularly the article on Elections, Qualifications of Voters, Officers, and others, but had come to no resolution thereon. On motion of Mr. D'Oenoh, the Conven- tion adjourned until 10 o'clock to-morrow morning. BiaHTEBN^TH: D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Osborn. Mr. Holland, from the committee to take under consideration the preamble and resolution offered by Mr. Wllliams of Cald- well, relative to the draft, moved that the time for said committee to report be extended till Monday n,ext, at 10 a. m., which was agreed to. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution . After some time spent therein, the President resumed the chair, and Mr. Gamble reported that the Committee of the Whole had, according to order, had under consideration amendments to the Con- stitution, and pai'ticularly the ai-ticle on Elections, and Qualifications of Voters, Officers, and others, but had come to no resolution thereon. SATURDAY, January 28th, 1865. On motion of Mr. Filley, the Convention adjourned until 3 o'clock P. M. AFTERNOON SESSION. Convention met piwsuant to adjournment, the Vice President in the chair. On motion of Mr. Strong, Mr. Bonham was added to the Committee on Finance. Upon request of Mr. Pi^CK, leave of ab- sence was granted to him. On motion of Mr. Bonhan, the Convention resolved itself into a Committee of the Whole, to resume consideration of amendments to the Constitution. After some time spent therein, the Vice President resumed the chair, and Mr. Smith of Mercer reported' that, according to order, the Committee of the Whole had had under consideration amendments to the Constitution, and par- ticularly the article on Elections and Quali- 58 cations of Voters, Officers and others, but had come to no resolution thereon. On request of Mr. Hughes, leave of ab- sence was granted him. On motion of Mr. Linton, leave of ab- sence was granted to Mr. Budd. On request of Mr'. Switzler, leave of ab- sence was granted him. On motion of Mr. Davis of Nodaway, the Convention adjourned until Monday morning next, at 10 o'clock. isri]S"ETEE:N"TH: d^y. Convention met pursuant to adjournment, Mr. President in the chair. Prayer by the Eev. Dr. Eliot. Mr. Williams of Caldwell, Chairman of the committee to take under consideration the preamble and resolutions offered by him relative to the draft, reported progress, and asked leave to have the time for said com- mittee to report extended tiU Tuesday, Jan- uary 31, at 10 o'clock a. m., which was agreed to. On motion of Mr. Smith of Worth, leave of absence was granted to Mr. Weatherby for two days. Mr. Holland offered the following reso- lution, which was adopted: Resolved, That hereafter this Convention will meet at half-past 9 o'clock a. m., and half-past 2 o'clock p. m. Mr. Nbwgbnt offered the followinrg reso- lution, which was rejected : Resolved, That the Committee on Judiciary be, and are hei'eby instructed to report in relation to the ordinance entitled ' 'An ordi- nance for .the protection of citizens and soldiers," on Tuesday, January 61, at 10 o'clock A. m. , and that it be the special order for that day. On motion of Mr. Draiie, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chau-, and Mr. Ellis reported that the Com- mittee of the Whole had, according to order, MONDAY, January 30th, 1865. had under consideration amendments to the Constitution , and particularly the article on Elections and Qualifications of Voters, Offi- cers and others , but had come to no resolution thereon. On motion of Mr. Filley, the Conven- tion adjourned until half-past 2 o'clock P. M. AFTEENOON SESSION. Convention met pursuant to adjournment, the President in the Chair. Mr. Foster requested that leave of ab- sence be granted him for four days; which was granted. On motion of Mr. Newgent, leave of absence was granted to Mr. Sweariugen. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Folmsbeb reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Elections and Qualifications of Voters, Officers and others, but had come to no resolution thereon . On motion of Mr. Filley, the Convention adjourned until to-morrow morning at half- past 9 o'clock. 59 TW^EDS^TIETH D^Y. Convention met pursuant to adjournment, the President in the chair. A communication and resolution relative to suffrage, received from Mr. Ferdinand Meyer, chairman of a meeting held January 29, 1865, at Turner Hall, was read for in- formation, and, on motion, laid on the tahle. Mr. Williams of Caldwell offered the fol- lowing report in connection with a memorial to the President of the United States, and, also a memorial to Colonel E. B. Alexander, Provost Marshal General of Missouri, whicli were received and read, and, on motion of Mr. Drake, ordered to he printed for the use of the Convention : Mr. President — The special committee appointed to memorialize the President of the United States, concerning our quota and the coming draft, beg leave to malce the following report: We have nad the matters referred to us under careful consideration, and And that notvrithstanding corrections are being con- stantly made in our enrollments, and that our quotas are assigned from the latest cor- rected returns, and not from any original enrollment, still, our enrollments, which were largely in excess of our available arms^ bearing population, when fii-st made, have never Deen fully corrected, and we are con- strained to belie\'e that a correct enrollment would show a total much less than the num- bers apparent on our present roll; we, there- fore, recommend the adoption of the accom- panying memorials to the President of the United States and the Assistant Provost Marshal of Missouri. All of which is respectfully submitted. J. WILLIAMS, ) W. S. HOLLAND, [Committee. E. SMITH, J Small Hall, Mercantile Library, \ St. Louis, Mo., January 31, 1865. / Bis Excellency Abraham Lincoln , President of the United States : The Constitutional Convention, now in session in St. Louis, on behalf of the people of Missouri beg leave respectfully to repre- sent that, after a very patient and careful investigation into the number of soldiers we have furnished the Government, and the grobable arms-hearing population of the tate at the present time, we thinli we are justified in submitting for your consideration the following facts: At the Presidential election in 1860, this State gave a total vote of 165,518, which has TUESDAY, January 31st, 1865. been diminished by the rebels going south, by the bushwhackers, by the Union men murdered at their homes, by the soldiers who have died in the service, by all the dis- loyal who have gone to other States to escape military duty in this, and by all the Union men who have been compelled to seek refuge in other States, because they could not safely live here. Notwithstanding all these heavy drains on our population, we have furnished, up to December 31, 1864, to the Government, 83,466 men; but these heavy drains have rapidly reduced our population, as is clearly shown by the election returns of the last Presidential election , at which we only polled 103,302 votes, or 62,216 less than at the beginning of this war. Our present enrollment represents this State as having, subject to military duty, 158,915, to which add the number of soldiers now in the United States service, about 38,000, which foots up 196,915, or 31,397 more than we had voters at the outbreak of this rebellion, notwithstanding we have sustained a loss of 62,216 voters. Now, again, take the vote of November 8, 1864, which was 103,302; subtract from this our soldier vote, which can not be ai-- rived at precisely, but we put it at the low estimate of 16,000, which leaves our civil voting strength at 87,302, or 71,613 less than our enrollment. These figm-es, which imply that we have almost twice as many fighting men as voters, clearly demonstrate, as we think, that our present enrollment is largely in excess of our real arms-bearing population. This excess is attributable to the fact that at the time of our first enrollment many thousands of rebels in the rebel army and in the bush were enrolled because their fami- lies were here; and many thousands of Union men and rebels have changed their homes since, which changes have not yet been noted on our enrollments, owing to the difficulty of getting corrections made. While we are proud to say that, so far as our loyal people are concerned , there is not in this government a more Union-loving people, or a people who are more AviUing to give the last man and the last dollar, if necessary, to sustain the government, yet- we wish to call your attention to the peculiar and suffering condition of the people of this State. You will bear in mind that at the begin- ning of the second year of this war almost, if not quite, half of our people were disloyal, and the men who have been cheerfully given to fiU up the Union ai-mies have been taken almost exclusively from the Union element— the disloyal going either to the rebel army, 60 into the brush, to other States to avoid militia duty, or remaining at home, protected by the Federal arms, and fearing nothing from rebels or bushwhackers. Our Union men' have not only cheerfully gone into the Federal armies — they have also done all the eflBcient militia service in the State, w^hich has, at times, required the active service, in the Held, of every able-bodied Union man in the State;. and with all the Federal forces we have had, assisted by the militia of the State and at times by thousands of Union citizens not subject to military duty, we have not been able to afford that protection to Union men which would make them secure in their persons and property; in consequence of which thousands of them have left their homes and gone to seek that security and safety in other States which we are unable to afford them in this; and large numbers are now iixing to leave different parts of the State, because of the troubles apprehended during the coming summer and fall. From many counties the Union men have gone into the service until the few left among the many rebels have no adequate power to protect themselves. If the draft could take largely from the disloyal population, which Tias furnished very few men, we could fill our present quota and then feel stronger and more secure t)ian we do now; but most of the rebels drafted either furnish loyal substitutes, or run off to, evade the service, and hence nearly all the men furnished are from the Union ranks. We need every loyal man within our borders for home protection, they being the only portion of our population worth any thing for militia service or home defense. Every loyal Missovu-ian is a soldier, and they, knowing our country, the people, and our wants, are worth a great deal more for our protection from guerrillas than any soldiers from abroad can be. We do not require any special favors to keep our loyalty alive, but in view of the past, present and prospective sufferings of the loyal people of Missouri — she being a weaker and more afflicted sister in the great family of States — we almost feel that we nave a right to expect to be treated with a little more tenderness and favor than some of our stronger sisters. In conclusion, while we feel that our own safety requires the complete organization and co-operation of every Union man in the ■ State, at home, still we will not ask to be excused from a draft if, in your judgment, the good of the nation requires ii. We do, however, most respectfully ask that the draft may be suspended until we can have a complete and thorough re-enrpUment of the State made wherever it is necessary. And we would further ask, if not inconsistent with the, public good, that Missouri soldiers may be assigned to the duty of protecting her borders. Small Hall, Mercantile Uibraet, 1 St. Louis, January 30, 1865. / Colonel E. B. Alexander, Provost Marshal General of Missouri: The Constitutional Convention now assem- bled in the city of St. Louis, knowing that in a great many counties in this State the original enrollments included numbers of men then in the rebel army and in the bush, as well as every class and condition of the physically disabled ; and that gi-eat numbers have left the State since they were enrolled: and that, owing to the great distance or many counties from the headquarters of boards of enrollment, and the consequent trouble and expense to individuals of getting their names stricken from the rolls, persons who are clearly entitled to exemption, if drafted, can not be 'expected to be at the trouble and expense of going to the board for examination; and the corrections of the rolls, being the business of everybody, have to a great extent been neglected by every- body; therefore, that this important matter may not be left to chance, we have to ask that, if within your power, you virill send to every county in the State, where it has not been done, an enrolling board, who can pass not only on the non-residence and alienage of parties, but also on their physical disa- bilities. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amendments to the Constitution. After some time spent therein, the Vice President resumed the chair, and Mr. Nixdorp reported that the Committee of the Whole had, according to order, had under consideration amendments to the Cbnstitution, and particularly the ai-ticle on Elections, and Qualifications of Voters, Officers, and others, but had come to no resolution thereon. Mr. Owens introduced a communication from citizens of Lafayette county, Missouri, addressed to his excellency Gov. Fletcher, relative to deposing certain county officers of that county, who are alleged to be dis- loyal, and moved that it be referred to the Committee on the Judiciary, which was done. On motion of Mr. Meybe, the communi- cation and resolutions introduced by him this day were taken from the table, and referred to the Committee on the Legislative Depart- ment. On motion of Mr. D'Oench, the Con- vention adjourned uutU half-past 2 o'clock P. M. 61 AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Dkake, the Convention resolved itself into a Committee of the Whole to resume consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Bonham reported that the Commit- tee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Elections and Qualifications of Voters, Oiflcers and others, but had come to no resolution thereon. Mr. HtTMB asked that leave of absence be granted him for five, days, which viras granted. On motion of Mr. Gilstrap, the Conven- tion adjourned until half-past 9 o'clock to-morrow morning. TA^TEI^TY FIRST D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mi\ Pettigrew. Mr. Martin offered a petition from the loyal citizens of Pike county, signed by forty-seven names, asking that the Ordi- nance of Emancipation, as passed by the Convention, be made irrevocable; which was read for information, and laid on the table. Mr. Newgent, Chairman of the Commit- tee on the Militia, presented the following report, wliioh was read, and, on motion of Mr. Mbybe, ordered to be printed for the use of the Convention: ARTICLB — . Militia , All male inhabitants of the State of Mis- souri, who are citizens of the United States, or who have declared their intention of be- coming citizens of the United States , between the ages of eighteen and forty -five years, shall be liable to military duty. The mUitia shall be divided into two classes, as follows: First class shall consist of aU persons sub- ject to military duty, between the ages of eighteen and twenty-thi'ee years, and all such unmarried persons between the ages of twenty-three and thirty-five years, and shall be styled the ' ' National Guards. ' ' Second class shall consist of aU unmarried persons, subject to military duty, between the ages of thirty-five and forty-flve years, and all such married persons between the ages of twenty-three and forty-flve years, and shall be styled the ' 'Reserve. ' ' The Legislature may provide, by law, for the organization of independent companies, battalions, regiments, or brigade. Company officers shall be elected by the WEDNESDAY, February 1st, 1865. wi-itten ballots of the members of their respective companies. All other officers shall be appointed by the Governor, by and with the advice and con- sent of the Senate. Commanding officers, of battalions, regi- ments, or brigades, shall select their respec- tive staff" officers. No officer shall receive a commission until he shall have passed an examination before a Military Board, appointed by the Governor for that purpose, under such regulations as the Legislature may prescribe. TheLegislature shall provide, by law, for the discipline of the militia, and the payment of the same when called into actual service. There shall be no exemptions except of United States mail carriei's, and in cases of excessive physical disability i There snail be no military grade higher than that of a Brigadier General ; nor shall the number of Brigadier Generals exceed eight. On motion of Mr. Folmsbee, leave of absence was granted the Sergeant-at-arms for fom- days. Mr. St. Gbm asked leave of absence for himself for six days, which was granted. Mr. Peck stated that his colleague, Mr. Sutton, was detained Irom his seat on account of sickness. On motion of Mr. Holland, the Conven- tion resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Meybk reported that the Committee had, according to order, had under consideration amendments to the Con- stitution, and particularly the ai-ticle on 62 Executive Powers, but had come to no reso- lution thereon. Mr. Williams asked leave of absence for his colleague, Mr. Barr, who was at home sick; leave was granted. On motion of Mr. Folmsbbe, the Conven- tion adjom-ned until half-past 2 o'clock P. M. AFTEENOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Holland, the Conven- tion resolved itself into a Committee of the Whole, to resume the consideration ol amendments to the Constitution. After some time spent therein, the President re- sumed the chair, and Mr. Bush reported that the committee had, according to order, had under consideration the amendments to the Constitution, but had come to no resolu-^ tion thereon. On rnotion of Mr. WEATHEHBY,-the Con- vention adjourned until to-mori'ow morning at half-past 9 o'clock. T^W^EISTTY-SEOON^D DiLY. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. John McClean. Mr. Drake presented a petition signed by ninety-four colored citizens of St. Louis, asking the Convention to extend to them the elective franchise, which was read for in- formation, and, on motion of Mr. Strong, referred to the Committee on the Elective Franchise. Mr. Mack offered the following resolution, providing for the future amendment of the Constitution : Resolved, That the General Assembly may, at any time, propose to the people such amendments to this Constitution as two- thirds of each house shall deem expedient; and such amendments shall be published in the newspapers of the State six months pre- vious to the next general election. And at the next general election the qualified voters shall vote for or against such amendment or amendments; and if a majority of all the votes cast shall be in favor of such amend- ment or amendments, they shall be valid to all intents and purposes, as part of this Constitution. On motion of Mr. Mack, the resolution was referred to the Committee on Amend- ments to the Constitution. Mr. Owens offered the following resolu- tion, which, on motion of Mr. Drake, was referred to the Committee on Printing: Resolved, That the Committee on Printing be, and they are hereby, instructed to adver- tise for and receive bids for the printing of THUKSDAY, February 2d, 1865. the proceedings of this Convention — five thousand copies of the same to be printed; the bids shall specify the price per thousand ems for composition, the price per ream for white paper, and the price per token of two hundred and forty impressions, octavo forms (eight pages) , and the price per volume for binding in strong paper covers; and the - same shall be let to the lowest bidder, the bidder giving bond in the sum of ten thou- sand dollars for the faithful performance of the work. Mr. OwBNS moved to postpone the special order of to-day, being the BiU of Rights, until Tuesday next; which motion was agreed to . On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Bunce reported that the committee had, according to order, had under consid- eration amendments to the Constitution , and particularly the article on Elections, and Qualifications of Voters, OfRcers, and others, but had come to no resolution thereon. On motion of Mr. D'Oench, the Conven- tion adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Bush, chairman of the Committee on Banks, presented the following report, which was read, and two hundred copies ordered to be printed for the use of the Convention : The Committee on Banks, to which was referred the eighth article of the Constitu- tion, has had the same under consideration, and insti-ucted me to report that, in the opinion of youi- committee, a change in regard to the creation and further contin- uance of banks in this State is demanded alike by the almost unanimous voice of its loyal citizens against those banks, and by the patriotic desu-e to support the nation and Government in the creation of a national system of banking. Upon examination of the subject of baiiks, as corporate bodies, your committee found that the provisions concerning other corporations are so indis- solubly connected with it, that it felt author- ized to report an article on banks and cor- porations; the more so as no committee on corporations has been appointed by this Convention, and as other State Constitu- tions, almost without exception, treat on tlie subject of both banks and corporations, in the ai'tiele herewith proposed for your adoption, in lieu of the eighth article of the present Constitution : ARTICLE — . Banks and Corporations. Section 1 . No corporate body shall here- after be created, renewed, or extended, with the privilege of making, issuing, or putting in circulation any notes, bills , or other paper j or the paper of anj' other bank to circulate as money, and the Legislature shall prohibit, by law, "individuals or corporations from issuing bills , checks , tickets , promissory notes, or other paper, as money; but nothing herein contained shall be construed as pre- venting corporations or associations from forming for such purposes, under the acts of Congress, for a national system of banking. Sec. 2. No bank of issue estabUshed under the laws of this State shall, after the adoption of this Constitution, issue bills or notes of any denomination, or pay out any of its notes for circulation; but they may receive and pay out the national currency. Any bank of issue violating this provision, shall forfeit its charter, and the Legislature shall, at its lirst session after the adoption of this Constitution, impose proper penalties upon persons or corporations engaged in the violation of the foregoing provision. Sec. 3. It shall be the duty of the Gen- eral Assembly, at its lirst session after this Constitution goes into effect, to enact laws, enabling any of the existing banks of issue to reorganize as national banks, under the act of Congress, and further to provide for the sale of the stock owned by the State of Missouri in the Bank of the State of Mis- souri, upon such terms and conditions as shall be by law established. Sec. 4. The State shall not hereafter be- come a stockholder in any bank; nor shall the credit of the State ever be given or loaned in aid of any person, association, or corporation, nor shall the State hereafter be- come a stockholder in any corporation or association. Sec. 5. The General Assembly shall not authorize any county, city, or incorporated district, by virtue of a vote of its citizens, or otherwise, to become hereafter a stock- holder in any companj^ association, or corporation, or to loan its credit to any cor- poration, association, institution, or party. Sec. 6. Corporations may be formed under general laws, but shall not be created by special acts, except for municipal pui'- poses. All general laws and special acts passed pursuant to this section, may be altered, amended, or repealed. Sec. 7. No municipal corporation, except cities, shall be created by special act; and no city shall be incorporated with less than five thousand permanent inhabitants, nor unless the people thereof, by a direct vote upon the (question, shall have decided in fayor of such incorporation. Sec. 8. Dues from private corporations shall be secured by such means as may be prescribed by law, and the stockholders of, all corporations and Joint stock companies shall be individually liable for the indebted- ness of said corporations to the amount of their stock subscribed and unpaid, and no more. Sec. 9. The property of all corporations for pecuniary profit shall be subject to tax- ation, the same as that of individuals. On motion of Mr. Holland, the Conven- tion resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. D'Oench reported that the committep had. according to order, had under consideration amendments to the Con- stitution, and particularly the article on Elec- tions, Qualilications of Voters, Oflicers and others, but had come to no i-esolution thereon. Mr. Weatherby offered the following reso- lution, which was read for information, and, on motion of Mr. Holcomb, referred to the Committee on Finance : Resolved, That the Constitutional Conven- tion of the State of Missouri, reposing im- plicit confidence in the ability and integrity of the Governor and General Assembly thereof, do respectfully refer to them for adjustment all questions pertaining to the dispute between the State and the stock- holders of the Weston and Atchison, and Atchison and St. Joseph BaUroad com- panies, satisfied that -justice to all parties will be done by them. On motion of Mr. D'Oench, the Con- vention adjourned untU half-past 9 o'clock to-morrow morning. 64 TTV^EIt^TY-THIRD DA-Y. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Folmsbbe, a call of the house was ordered, and the following mem- bers answered to their names : Messrs. Buncej Childress, Davis of Noda^ way, Drake, Elhs, Esther, Evans, Folms- bee, Fulkerson, Gamble, Gilbert of Law- rence, Gilbert of Platte, Grammer, Hen- derson, Holdsworth, Holland, Hughes, Husmann, King, Leonard, McKernan, Mc- Pherson, Mack, Meyer, Morton, Nixdorf, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Wil- liams of Caldwell, Williams of Scotland, and Mr. President — 36. Absent — Messrs. Adams, Barr, Bedford, Bonham, Budd, Bush, Clover, Cowden, Davis of New Madrid, Dodson, D'Oench, Filley, Fletcher, Foster, Gilstrap, Green, Harris, Holcomb, Hume, Linton, Martin, Mitchell, Newgent, Owens, Rogers, Eohrer, St. Gem, Switzler, Thilenius and Weather- by— 30. On motion of Mr . Drake , further proceed- ings under the call were suspended. On motion of Mr. Williams of Caldwell, the report of the special committee, ap- pointed to memoralize the President of the United States_ concerning the quota of Mis- souri under the draft, was taken up, being the special order for this morning. Mr. Gilbert of Lawrence moved the in- definite postponement of the subject. Upon which motion, Mr. Gilstrap de- manded the ayes and noes, wM the vote being taken, stood as follows: Ayes — Messrs. Fletcher, Gilbert of Law- rence, Grammer, Linton, Owens, Peck, Rohrer, and Sutton — 8. Noes — Messrs. Bedford, Budd, Bunce, Bush, Childi'ess, Cowden, Davis of New Ma- drid, Davis of Nodaway, Dodson, D'Oench, Drake, EUis, Esther, Evans, Filley, Folms- bee, Fulkerson, Gamble, Gilbert of Platte, Gilstrap, Green, Harris, Henderson, Hol- comb, Holdsworth, Holland, Hughes, Hus- mann, King, Leonard, McKernan, McPher- gon. Mack, Martin, Meyer, Mitchell, Mor- ton, Nixdorf, Smith of Mercer, Smith of Worth, Strong, I Swearingen, Thilenius, Weatherby, Wuliams of Caldwell, Williams of Scotland, and Mr. President>-47. Mr. St. Gem was excused from voting. Absent — Messrs. Adams, Barr, Bonham, Clover, Foster, Hume, Newgent, Ranldn, Rogers, and Switzler — 10. ' So the motion to indefinitely postpone was rejected. FRIDAY, February, 3d, 1865. Mr. Williams of Caldwell moved the adoption of the report. Mr. Hdsmann offered as a substitute the following, which was accepted by Mr. Williams of Caldwell: Resolved, That the report and memorial of the Committee be adopted and forwarded to Senators Henderson and Brovim, at Wash- ington, vnth the request to present it to the President, and send the letter to Colonel Alexander. Upon motion, the resolution was adopted. On motion of Mr. Harris, leave of absence was granted to Mi-. Switzler for the remain- der of the week. On motidn of Mr. Holland, the Conven- tion resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Green reported that the committee had, according to order, had under consideration amendments to the Constitution, and particularly the article on Elections and Qualifications of Voters, Officers and others, but had come to no resolution thereon. On motion of Mr. Davis of Nodaway, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Holdsworth requested leave of absence for three days, which was granted. On motion of Mr. Holland, the Conven- tion resolved itself into a Committee of the Whole, to consider the amendments to the Constitution. After some time spent therein, the committee rose, and Mr. McKernan repoi-ted that the committee had, according to order, had under consideration amend- ments to the Constitution, and especially the article on Elections and Qualifications of "Voters, OflSeers and others,- but had come to no resolution thereon. On motion of Mr. Green, the Convention adjourned until half-past 9 o ' clock to-m orrow morning. 65 TW^ENTY-FOURTH D^Y. Convention met pursuant to adjournment, the President in tlie cliair. Prayer by Rev. J. F. Gublemann. Mr. BuDD, Chairman of the Committee on Finance, presented the followiiag report of said committee, which was read for infor- mation, and, on motion of Mr. Drake, re- ceived, and five hundred copies of the report ordered to be printed in pamphlet form, and two hundred copies of accompanying bill in usual form: The committee to whom was referred the present depressed condition of the finances of the State, with implied instructions to devise, if possible, ways and means to resus- citate her credit, and finally to liquidate the principal and interest of her indebtedness, beg leave to submit, for the consideration of the Convention, the following report: Missouri was born into the sisterhood of States in the year 1821 , and , in the judgment of your committee, she has been a sintul and sickly child since the day of her birth — ^forty- five years ago . Sinful , because she has held , by the will of the people, a portion of her children in bondage for a period of more than forty years, and valued their bodies, under the assessment law of the State, as so many sheep and oxen, for the purpose of imposing a tax (amounting, in 1860, to $88,000) on their current value, to support, in part, the Government of the State; and sickly, as the institution of human slavery within her bor- ders has operated to pai'alyze her industry, and, as a consequence, to prostrate her credit beyond (as some think) redemption. Happily, on the 11th of January last, God, in His infinite mercy, put it into the hearts of the people — operating through their rep- resentatives on this floor — to blot out from the statute-book of the State all laws de- signed to hold human beings in bondage, and to declare Missouri, then and forever, a free commonwealth; and, having thus purged ourselves of the crime of slavery, may we not hope that the blessing of Him who holds in the hollow of his hand the destiny of states and nations will in the future rest on this people, in their efforts to inaugurate a system tending to advance the State in all her moral, political and pecuniary interests? The moral and political questions submitted to this body by the people we represent, of abolishing slavery and disfranchising rebels of their right of suflfrage — hitherto exercised in attempts to throttle the life of the State and the Nation— having been passed on by the Convention, it now z-emains for your committee to endeavor to devise ways and means to pay the principal and interest on B SATURDAY, Fkrruaky 4th, 1865. the great public debt of the State; and, if this can be accomplished within a reasonable period, her patient creditors wiU doubtless award to the Convention as fUll a meed of praise as the people of the loyal free States have awarded to it, for enacting the great charter of freedom . In the pertormance of this duty, the enlightened spirit which de- creed her the roU of a free State will, in the judgment of your committee, induce her people to accept any practicable proposition loofiing to the recovery and preservation of her good name in the great marts of the world, where her principal indebtedness is held. Your committee are therefore agreed that the time has arrived tor action on the subject of our suspended indebtedness; and, further, that it is especially appropriate that the Convention which has liberated the State from her greatest moral and social evil should take measures to secure for her the character of a trustworthy and honest commonwealth. According to the eighth census report, Missouri contains upwards of 43,000,000 acres of land, of which 28,000,000 are capa- ble of cultivation, and the major portion ot the remainder is flUed with inexhaustible supplies of coal, iron, lead, and other min- erals. Of our arable land only 6,246,871 acres were under improvement in 1860, so that 21,000,000 and over are open to an agri- cultural population. In 1861, of the whole real property of the State, 16,707,313 97-100 acres were assessed, leaving more than 11,000,000 arable, and 15,000,000 otherwise, exempt from taxation. Of the land so exempt about 6,000,000 acres may be estimated as unassigned to the State by the United States; 1,223,308 are held by railroad corporations; 5,000,000 are supposed to be held by tbe State; 1,200,000 are school lands, leaving apart from public grounds say 10,000, 0(JO, arable or mineral, subject to become sources of revenue under a more thorough system of assessment. Not alone has ttie basis of assessment been erroneously curtailed, but the assessment itself is confessedly irregular and defective. It is safe to saythat anim- proved system, recognizing the increased value of real estate, owing to emancipation, would enlarge the basis of taxation $150,- 000,000 more than it was in 1860 ($335,- 900,700), and without working injustice to the people of the State. Any scheme, looldng to the payment of tie State debt, may, therefore, legitimately contemplate: Fvrst — An increase of revenue from acres heretofore unassessed. Second — An increase of revenue from the sale of lands by the United States, or by railroad corporations, and the appreciation of property, heretofore assessed, or unas- sessed, owing to inevitable growth, or the 66 stimulus of freedom, peace and immigra- tion. In the decade 1850 to 1860 the increased value of real estate in the State of Dlinois was $715,595,276, or nearly four hundred and fifty-eight per cent. If it be urged that nUnois possessed advantages in an estab- lished system of free labor, untrammeled by civil war and a border situation, it may be answered that her population, during a greater part of the time, was little over one alf our present numbers, that her territory is 12,000 miles less than ours, and that Mis- souri, as a free State, is now assured, by a radical policy, against the invasions which her slave labor system invited and encour- aged. Assuming, however, that our growth of values for purposes of taxation should be as low as three hundred per cent., against four hundred and fifty-eight per cent, of that of Illinois, our valuation in ten years will be, in round figures, as follows: 1866 $ 480,000,000 ^ 1867 576,000,000 1868 672,000,000 1869 768,000,000 1870 864,000,000 1871 960,000,000 1872 1,056,000,000 1873 1,152,000,000 1874 1.248,000,000 1875 1,344,000,000 The problem, to be solved is — giving this basis of taxation — how shall the principal debt of the State for railroads ($23,000,000) and $5,000,000 past due interest, and interest thereon, together with' $4,000,000 military and floating debt, and interest thereon, be ' paid? Your committee are satisfied that no additional tax, liigher than one-half of one per cent. , can be levied and collected from the real and personal estate valuation for several years, without discouraging emigra- tion and rendering the possession of property an almost unendurable burthen, even in view of an early peace and a rapid develop- ment of our agricultm-al interests.. It is, therefoi;e, considered impracticable to look for the payment of our railroad debt from this source. Such a tax, however, will, in the oijinion of your committee, at present suffice to cancel the present military and floating debt of the State in eight years or less, if the stock in the State Bank ($1,303, 000) be disposed of, and a tax of one per cent, be levied upon the capital of all pri- vate corporations which shall hereafter ask [ of the Legislature, for their own pecuniary gains] franchises, which the State should »ell, and not, as heretofore, give away ! Your committee would, therefore, recommend: First — That from and after the 1st day of October, 1866, a tax of one-half of one per cent, qn aU the real and personal property of the State, in addition to all otlier taxes now levied by law, be annually assessed and collected in the same manner as other State revenue may be assessed and collected ; the fund so created to be kept separate, and annually, on the 1st day of March, appro- priated and paid over pro rata upon all State indebtedness (other than railroad debt or interest), which maybe pi'esented for that pui-pose by the holders of the same, to be entered as credits, and to that intent, in extinguishment of the said indebtedness. Second— Th&t the State stocks in the Bank of the State of Missouri be disposed of, and the proceeds paid into the State treasury to the credit of the military tund, to be paid out as above. 'yAirtZ— That a tax of one per cent. , on not loss than its par value, be assessed and col- lected on the authorized capital stock of all private corporations which shall hereafter obtain charter franchises from the State. The first proposition is similar in most respects to the constitutional provision, article fifteen of the new constitution of Illinois, which enabled that noble State to relieve herself from neai-ly the whole burden of debt contracted prior to April 1st, 1848. The second is based on the conviction that the stock in the State Bank should be ap- plied, at the earliest possible moment, to the pavment of the military debt for which it is pledged, the new system of national banks rendering such investments anomalous and iiseless. The tlnrd is regarded as a legiti- mate means of securing some equivalent for the transfer of general franchises to par- ticular citizens, it being understood that dividends are declared in successful corpo- rations on the authorized as distinguished from the paid in stock. If, the better to secure full returns from this additional general tax of one-half of one per cent. , the Legislature be prohibited from exempting from taxation any species of property except that of the State, counties, and municipalities, property in use for public schools and public cemeteries, your commit- tee feel assured that the debt contracited for other than railroad purposes will be paid ofT in the time stated, and without detriment to the cui-rent necessities of the State. The payment of the railroad debt must be secured, in the opinion of your committee, by the railroads themselves; therefore, your committee propose to require the Iron Moun- tain, Pacific, North Missouri, and Hannibal and St. Jo. raih-oads to pay sixteen and two- thirds of their gross earnings (except on government freight) into the hands of a commissioner appointed by the State, and to allow them to charge twenty per cent, additional to the'lr present rates on freight and passengers. Assuming the gross earnings of the four roads to be $3,000,000, to March 1st, 1866— an estimate in which several of the most astute railroad directors agree — and to in- crease thereafter in the rates claimed by their respective companies, such an assessment will pay two per cent, on the railroad debt in the first ;^ear, three and a half in the second year, and, in tlie opinion of your committee, the fourth year (1870) six per cent. "Whenever it shall have reached this rate, 67 md the principal debt shall have been re- luoed to lifteen millions of dollars, let it be mjoined that the railroads shall resume the )ayment of hiterest directlv, the past due nterest, and a portion of the principal having )een meantime paid pro rata from the collec- ions of the present railroad tax. Then let he railroad tax be abrogated, if it is deemed ixpedieut in the wisdom of the General Assembly. The propriety and efficacy of this scheme s sustained by the following considerations : First — The real and personal property of toe State is relieved from any additional tax )n railroad account. Second — The authorized advance in chai'ges br freight and passengers will largely tall )n non-residents, and on freight merely in ransitu . Third — ^Freight and ti-ade can not be ma- ;erially diverted, for only such comes as can iud no other channel than one of the four •cads for which the debt was contracted. Fourth — ^The roads are not embarrassed by toe impost (sixteen and two-third per cent. ) , br the increased rates allowed (twenty per ;ent.) bear an exact proportion to it. Fifth — The claims of the stockholders, jublic and private, without being imperiled nore than now, are properly subordinated ;o those of the creditors, to whom the faith )f the State has been pledged. Influenced by these reasons, and finding 10 other means so likely to retiieve the credit )f the State — ^indeed, your committee be- ieve, on the most mature consideration, that here is no other way of liquidating the present lebt, except by levying a tax of at least three Der cent, on the people of the State, and his, in the judgment of your committee, vould be wholly inoperative — your com- nittee would recommend : First — That, on the 1st day of March, 1866, and every year thereafter, untU the ■ailroads shall resume payment of interest n full, and principal at maturity, the Iron tfountain, Pacific, North Missouri, and Jannibal and St. Joseph railroads shall )ay into the hands of the commissioner ippointed by the State, sixteen and two- hirds per cent, of then- gross earnings (ex- lept as aforesaid on govei-nment freight) for he preceding year, to be paid out, w-o rata, n extinguishment ot the debt and interest ontracted for raih-oad purposes . SecorecJ— That the better to enable them to nlfln this obhgation, from and after the 1st lay of March next, they be allowed to in- rease then- rates of freights and passengers wenty per cent. , until such time as, besides laving paid all current and past due priu- ipal, the debt shall be reduced to fifteen iiillions of dollars. Third— Th&t all tax collected on railroad ccount hereafter for the extinguishment of Qterest and principal of State bonds issued the railroads shall be used pro rata. Youi" committee are conscious of the diffi- ulties presented in the advocacy of any at- empt to resume payment of our suspended liabilities, and to continue meeting, at ma- turity, our prospective bond ana interest indebtedness. The question of war or peace —of social order or embittering and wasting class and land controversies, arising out of the rebellion, enter so much into such calcu- lations, and are so apt to be colored by our wishes and prepossessions, that the feasi- bility of any scheme is liable to suspicion, and open, apparently, to strong objections. The one proposed, however, is, in the judg- ment of the undersigned, the more to be favored, because its success depends less upon a sanguine view of att'airs than any other which your committee could have de- vised. First — It is predicated on an increased valuation of real and personal property, in the coming ten years, of one hundred and fifty-eight per cent.'less than that of IlUnois in the ten years from 1850 to 1860 — supei'flcies and population being, relatively, largely in the favor of our State. Second — It requires the real estate interest of the State, now needing so much en- couragement, to assume the payment of less than one-fifth of the accumulated debt, and for this purpose taxes it one-half of one per cent. , an addition relatively small when Ave consider the object to be obtained. Third — It places the burthen of debt where it belongs, on the railroads, and enables them to pay it, by advancing their fares and freightage, so that, when so advanced, these will still be less than the prevailing rates of increase in other branches of business. Fourthr— It affords the only guarantee for an early resumption of payments, vnthout shifting the security of the stockholders antf creditors, or lessening the ability of the roads to develop their facilities in proportion to their incomes. Your committee will be pardoned for allud- ing to the specific legislation which is essen- tial to the successful operation of this scheme . First — An act to prevent omissions and inaccuracies of assessment, so that all the land in the State not held by the general government, by the State, by counties, mu- nicipal bodies, or in use for public schools and public cemeteries, shall contribute to the revenue, and be assessed at its fulLvalue. The fact that millions of acres have not been assessed, and other millions assessed at merely nominal instead of market rates, indicates the want of a more stringent law in this relation. Second — A constitutional enactment, pro- hibiting the Legislature from exenmting any property from tax other than State, county, aiid" municipal, or property in use for free schools and puldic cemeteries. There is no valid reason, in the judgment of the committee, why churches! parson- ages, private cemeteries, private hospitals, private academies, etc., or property not in use for public free schools, should not con- tribute to the payment of our State debt and expenses. Beligious and charitable endow-' ments of this sort are properly the result of 68 voluntary contributions. Their exemption from tax is, in effect, their endowment by the State to the umount of the tax, and, in so far as the general community is coucei-ned , is necessarily an involuntary one. The tax of a distant community should not be dependent upon, nor enlarged by, the exemption of the religious establishments and charities of another community. The custody of the criminal, the care of the des- titute, the rudimentaiy free education of the young, are matters of common concern; but the founding of a church by a particular congregation, the erection of a private insti- tution of benevolence, or the opening of a cemetery by private entei-prise, suould be at the expense of the parties contemplating them, and not of the State treasury. Be- sides, religion and philanthropy will really suffer nothing by a witMi-awal of the cus- tomary immunity from taxation. The promises of future reward are proportioned to the sacrifices made in deserving it. Nor is it to be supposed that the hopes inspired by faith, or the consolation conferred by sympathy for suffering, will become the less dear by being taxed. Let it be understood that the support of the Government (the first duty the citizen owes to the State) is to be drawn from all property not in use under its direction for general objects, and private charity will accommodate itself to circum- stances, just as it has succeeded in bearing the growing strain upon its largess, owing to the cost of living and the scarcity of labor. It is also due to the credit of religion, and the success of the charitable institutions already in existence, that religious and be- nevolent bodies which cannot afford to pay State tax, wJien the State is almost overwhelm- ingly in debt, should regulate their enter- prises by their assured means . Undertakings likely to be thwarted or imperiled by a sys- tem of taxation under which the community lives and thrives, had better be deferred until they can surmount even greater obstacles. In conclusion, your committee have an abiding conviction that if the essential features of the plan now recommended be adopted by the Convention, and made part of the organic law of the State, it will do — Mrst — Justice to suffering but patient credit- ors, many ot whom have purchased the State bonds at neai-ly their par value, and w^hich, with accumulated unpaid interest, are worth on their face $1.25, but are now daily sold for sixty-five cents on the doUai- ! thus inspiring these creditors with the hope (and that hope predicated on a sound basis) that ere long their securities will be at par. Second — It will avoid tlie necessity of a forced sale of the roads by the State, which, should it take place, would inevitably work a loss to the commonwealth of many millions of dollars. Third — It will enable the roads rightfully to absolve themselves in a period of twenty- five years — which is but a day in the life of a State — from the pressing burden of a debt of, twenty-eight millions of dollars, and that, too, without working injury to themselves or to the people of the State. Fourth— It win, in a few years, make the credit of Missouri stand side by side with the credit of her sister State of Illinois, whose bonds, in 1847, sold at thirty-two cents on the dollar, but which are now sought for at par and a premium, the efiect of a tax pro- vision inserted in her organic law. ' Fifth, and lastly— \t wiU enable a father— an original subscriber— now holding almost worthless stock in at least three of these roads, to trasmit the same as a legacy to his children, who, in after years, will, in the judgment of your committee, be in the re- ceipt of six per cent, dividends from the same. We append (paper A) a detailed ac- count of State indebtedness due and not due, for the information of the Convention. Your committee having explained the re- sult of their deliberations, see, they think, in the plan proposed, a certain means of re- lieving the State from debt, and report, for the action of the Copvention, the following articles to be embodied in the Constitution M the State. Respectfully submitted, GEO. K. BUDD, Chairman. ( Paper A . ) INDEBTEDNESS OP THE STATE OF MISSOtTRI. ( Official. ) Bonds issued for State purposes..! 602,000 State bonds issued to railroads (including guarantee bonds) 23,701,000 Revenue bonds, issued in 1861, (9 per cent.) now due 431,000 Interest due on bonds issued to riiih-oads (Jan. 1st, 1865) 5,008,240 Money borrowed by Gov. Gamble to purchase arms 150,000 Amount of defense warrants 'out- standing Dec. 1st, 1864 244,000 Amount of Union military bonds outstanding Dec. 1st, 1864 1,771,030 Amount due militia for active ser- vice, estimated by Gov. Hall 1,000,000 $32,507,549 Cr. *Issue to Hannibal & St. Joseph R. K... $3, 000, 000 Paid on bond issued for State purposes.. 200,000— 3,200,000 Total, with the above deduction to Hannibal & St. Jo. E. R., $29,707,549 Of the above there is now due by the State on her own account: Balance of bonds due issued for State purposes 402,000 Revenue bonds issued in 1861 431 , 000 Money borrowed by Gov . Gamble 150 , 000 Defense warrants 244,279 Union militai-y bonds 1,771,030 Due militia for active service (es- timated) 1,000,000 Total, exclusive of interest $ 3,998,309 * Note.— Tho oredit o£ $3,000,000 to the Eannilial and St. Joe Railroad is a nominal credit, as the road has punctnailr paid the interest on the same, hut the State's liahilitr is ret fc,000,000. 69 ARTICLE I. Railroad Indebtedness. First — The Pacific Eailroad Company, and Southwest Branch, the North Missouri Rail- road Company, tlie St. Louis and Iron Moun- tain Railroad Company, and the Hannibal and St. Joseph Railroad Company, are hereby required to pay an annual tax of sixteen and two-thirds per cent, on all their gross receipts for freight and passengers, except ou.transportation for the government of the United States, and may deduct out of the same the United States tax, and this tax shall begin on the 1st day of March, 1865, and be paid quarterly . Second — The tax of sixteen and two-thirds per cent. , to be paid by the Pacific Railroad Company, and Soutliwest Branch thereof, shall be paid into the hands of a commis- sioner, to be appointed by the Governor, who shall hold his office for four years from the date of his appointment, and until his successor is duly appointed and qualified, and his salary shall be $4,000 per annum, payable, pro rata, by the railroads, in pro- portion to their present State indebtedness, and the said commissioner shall enter into approved bonds to the State, for the faithful performance of his duties, in the sum of |lOO,000, and the said tax of sixteen and two-thirds per cent., when so paid to the said commissioner, shall' be invested by him in bujfing up the State bonds or guarauiee bonds, issued to the Pacific Raihoad Com- pany, with coupons attached, or to paying off the over due interest on the said bonds, the longest due, and all payable the same year, ana such payments shall be continued until all coupons or bonds ( except as hereinafter stipulated, 7th section) over due, are paid. The bonds and coupons thus canceled shall, by the commissioner, be delivered to the Auditor of the State, who shall give his receipt for the same, and it shall be his duty to credit the Pacific Railroad Company with the amount so canceled. When the tax of sixteen and two-thirds per cent, shall be paid into the hands of the commissioijer, he shall issue to the railroad company, paying the tax, duplicate" receipts, and the railroad company paying the same shall file one receipt with the Auditor, who shall charge the Commissioner with the amount, and when the commissioner shall surrender to the Auditor the bonds or coupons, he shall receive credit for the same on the books of the Auditor. Third— 'She tax of sixteen and two-thirds ger cent. , to be paid by the North Missouri ailroad Company, shall be paid to the com- missioner aforesaid in the manner prescribed for the payment to the Pacific Railroad Com- pany, and shall be by him invested in like manner as prescribed to the Pacific Railroad Company, to wit: to buying up the State bonds and paying off the coupons issued to the North Missouri Railroad Company, and the commissioner and Auditor shall give receipts and credits to the North Missouri Railroad Company in the manner herein- before prescribed to the said Pacific Railroad Company. Fourth — The tax of sixteen and two-thirds per cent. , to be paid by tHe St. Louis and Iron Mountain Railroad Company, shall be paid to the commissioner aforesaid in the manner prescribed to the Pacific Railroad Company, and shall be by him invested in like manner as prescribed to the Pacific Railroad Company, in buying up the State bonds and coupons issued to the St. Louis andiron Mountain Railroad Company, and the commissioner and Auditor shall give receipts and credits to the St. Louis and Iron Mountain Railroad Company, as hereinbefore prescribed to the said Pacific Railroad Com-, pany. Fifth — The Hannibal and St. Joseph Rail- road Company shall pay to the said commis- sioner the tax of sixteen and two-thirds per cent. , as required in section first, and the money paid in on account of said tax shall be by him invested in purchasing the bonds of the State issued to the Hannibal and St. Joseph Railroad Company, and the interest on said bonds shall be paid by said company as it becomes due, and the forfeiture of their - charter, to which the Hannibal and St. Joseph Railroad Company is liable for having failed to pa^ the amount stipulated by law into the sinking fund of the State, is hereby waived, so long as the said company shall pay the said annual tax of sixteen and two- thirds per cent, and the interest on the bonds, until all State bonds issued to said company shaU be canceled. Sixth — The railroad companies herein- before named are hereby authorized to col- lect twenty per cent, more for freight and passengers than theii' ordinary rates, to' reimburse themselves for the tax herein- before imposed on their gross receipts. Seventh— As soon as the State indebtedness, present and contingent, for bonds issued to the railroads aforesaid, shall be reduced to the sum qf fifteen millions of dollars, the tax of sixteen and two-thu-ds per cent, herein- before imposed shall cease, provided it shall be deemed expedient by the General Assem- bly, and the privilege given to the roads of collecting twenty per cent, fi-om freight and passengers in addition to their ordinary charges shall also cease, and the different railroad companies shall simply be held, liable to pay both principal and interest of the bonds granted to them by the State, or guaranteed by the State, as it shall mature. Eighth — It shall be lawful for the four rail- roads named in the first section to exchange their own bonds for the first mortgage bonds of the State, or the first mortgage bonds ot the Southwest Branch, guaranteed by the State, with coupons attached; each road, however, only for such bonds as were issued for same, and such bonds issued by any of the four roads, shall, upon the return to the Auditor of the State of the State bonds, or bonds guaranteed by the State, participate, pro rata, in the secmity the State now holds 70 on the roads, but uo sale of any of the four roads named in section first, under the mortgage to the State, shall take place be- fore the year 1875, provided they comply with the injunction hereinbefore imposed on them to pay annually the tax of sixteen and two-third per cent. , nor shall the exchange of bonds, as provided for in this section, be compulsory on the roads. Ninth — The office of road commissioner shall be abolished when the raih-oad in- debtedness shall be reduced to fifteen mil- lions of dollars. Bank Stock Owned by the State. The commissioner to be appointed under section second of article on Kailroad Indebt- edness, is hereby authorized, with the con- currence of the "Governor, whenever in his judgment it shall be deemed expedient, to sell the stock of the Bank of the State of Missouri, owned by the State, and deposit the proceeds in thetreasmy of the State, to be used in liquidating the military bonded indebtedness of the State^^and for no other purpose whatever. ARTICLE II. Taxes . First — In addition to the taxes alreadj^ levied by law, thex-e shall be levied and col- lected, in October, in the year 1866, and yearly thereafter, until it shall cease as pro- vided in section second, a tax of one-half of one per centum per annum, on all property, real and personal, in the State (except prop- erty belonging to the United States or this State), property belonging to auy munici- pal corporation in this State, or' property belonging to any county , or propertfbelong- ing to the Board of President and Directors ol St. Louis Public Schools, provided all property belonging to said Board of Pub- lic Schools, which shSl be leased for a period ,of over five years, shall be liable to tax as other property. Public cemeteries shall be exempt from taxation, and all personal prop- erty owned bv the Pacific Kailroad Company, the North Missouri Railroad Company, the St. Louis and Iron Mountain EailroadCom- pany, and the Hannibal and St. Joseph Rail- road Company, shall be exempt from taxa- tion — provided said companies comply with section first of Railroad Indebtedness — uutU the liabilities of these several corporations to the State shall be reduced to fifteen millions of dollars, and no longer. Second — The taxes to be paid of one-half of one per cent. , provided for in the first section, shall be paid only in the national currency of the United States, or in the cur- rency issued by any bank authorized by act of Congress, denominated "National Banks;" or in the bonds of the State, other than bonds issued to the several railroads; in defense warrants, or in military bonds, or in any other authorized bonded indebtedness of the State. And when the indebtedness of the State — whether it be in bonds proper, military bonds, defense warrants, or floating indebtedness- shall be paid off, then this tax of one-half of one per cent, shall cease; and should the Government of the United States pay off or assume the payment of the military debt of the State, then the tax shall be reduced from, one-half of one per cent, to one- tenth of one per cent. Third— There shall be levied and collected annually, commencing in October, eighteen hundred and sixty-six, and be continued until the indebtedness of the State, present and contingent, shall be reduced ,to five millions of dollars, a tax of five per cent, on the gross cash premiums of all fire and marine mutual insm-anoe companies, chjtr- tered by this State, having no authorized corporate capital stock; and affidavits shall be filed, by the presidents of such compa- nies, with the collectors of "the several coun- ties where such insui-ance companies shall be located, setting forth the amount of pre- miums received by such insurance companies vwthiu the year. Fourth — There shaU be levied and collected annually, comm«ioing in October, eighteen hundred and sixty-six, and be continued until the indebtedness of the State, present and contingent, shall be reduced to five millions of dollars; from all life insurance companies, whether chartered by this State, or by other States (when such foreign insur- ance companies shall have agencies in this State), a tax of five per cent, on the gi-oss premiums realized during the year, whether the premiums shall be paid in money, or contingent notes given for such premiums or parts of premiums; and affidavits shall be filed, by the presidents of such companies, or the agents of such companies, with the collectors of the several counties where such insurance companies, or the agents of such companies, shall be located, setting forth the amount of premiums received by such life insurance companies, or their agents, within the year. Fifth— Personal property in this State, other than that specified in section fourth, owned by non-residents of this State, shall not be liable to taxation. Legislative Prohibitions. First — The General Assembly shall have no power to increase the present bonded indebtedness of the State, until the said bonded indebtedness shall be reduced to the sum of five millions of dollars; Provided, The General Assembly shall have power, at any time, to borrow money to suppress insurrection, repel invasion, or to defend the State, in time of civil or foreign war, and may also borrow to meet casual deficiencies in her revenue, limited, however, to one hundred thousand dollars ; or to build a State capital , in case of removal of the State capital from its present location; but such borrow- ing, for said latter purpose, shall not exceed five hundred thousand dollars, and uo money shall be borrowed as aforesaid without the 7X General Assembly shall first levy, by law, an annual tax, sufficient to pay such increase of indebtedness in ten years from the date of the State's Uability. Second — The General Assembly shall have no power to diminish the per centum tax. as at present authorized by law, until the bonds and warrants issued for military purposes, and the f)resent floating debt of the State, shall be paid. Thirdr—lho General Assembly shall have no power to grant acts of incorporation to individuals, for banks or other moneyed insti- tutions, q-TH D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. McCook. Mr. Geeen asl£ed leave of absence for Mr. Grilstrap till Saturday next, which was granted. On motion of Mr. Williams of Caldwell, the Convention resolved itself into a Com- mittee of the Whole, to resume consideration of amendments to the Constitution. After some time spent therein, the President j-e- sumed the chair, and Mr. Davis of Noda- way reported that the committee had, ac- cording to order, liad under consideration amendments to the Constitution, and par- ticularly the article on Elections and Quali- fications of Voters, Officers and others, but had come to no resolution thereon. On motion, the Convention proceeded to tlie consideration of the article on MUitia. Mr. Evans oifered the following substitute for the first section : The militia of this State shall be comijosed of all male inhabitants of the State of^ Mis- souri, who are citizens of the United States, or who have declared their intention of be- coming citizens of the United States, between the ages of eighteen and forty -five years, except such as are, or who may hereafter be, exempt by the laws of the United States, or of this State. Mr. Williams of Caldwell oflered the fol- lowing amendment to the substitute : Amend by inserting the word ' ' white ' ' before the vi^ord ' ' male. ' ' On motion, the amendment of Mr. Wil- liams was rejected. Mr. OwBNS offered the following amend- ment to the substitute : Amend by strildng out the words ' ' of the United States or, " ni the last line. Which was adopted. Mr. Geebn offered the following amend- ment to the substitute, which was accepted by Mr. Evans: Amend by striking out ' ' the laws of this State, ' ' and substituting the word ' ' law. ' ' . Mr. SwiTZLEK offered the following amend- ment tp the substitute, upon which he de- manded the ayes and noes : WEDNESDAY, Fkbeuahy 8th, 1865. Add at the end of the section as follows : ' 'Provided, That all white males who by the Constitution or laws of this State are dis- franchised, are exempt from military duty. ' ' The vote being taken, stood as follows: Ayes — Messrs. Gilbert of Platte, Harris, Morton, and Switzler— 4. Noes — ^Messrs. Bunce, Bush, Childress, Cowden, Davis of Nodaway, Dodson, D'Oenoh, Drake, EDis, Esther, Pilley, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Grammer, Green, Henderson, Holcomb, Holland, Hughes, Hume, Husmanij, King, Leonard, Linton, McKernan, McPherson, Mackj Martin, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Eankin, Rohrer, Smith of Mercer, Strong, Sutton, Sweariugen, Thilenius, Weatherby, and Williams of Caldwell — 46. Absent— Messrs. Adams, Barr, Bedford, Bonham, Budd, Clover, Davis of NewJMa- di-id, Evans, Foster, Gilstrap, Holds worth, St. Gem, Smith of Worth, Williams of Scot- land, and Mr. President — 15. So the amendment was rejected. On motion, the substitute, as amended, was rejected. Mr. Haukis offered the foUovidng amend- ment : Add to section first, ' ' except those who are in the service of the United States, or who have furnished a substitute. ' ' Mr. Bush offered as a substitute for this amendment the following : Strike out the words ' ' able-bodied, ' ' and add to the end, ' ' except only such persons as may be exempt by law. ' ' On motion, the substitute was rejected. On motion, the amendment offered by Mr. Haeeis was rejected. Mr. Geben offered the following amend- ment, which was adopted: Amend by adding to section one the words, ' ' except as may be provided by law. ' ' Mr. Holcomb moved that section second be stricken from the biU. On which motion, Mr. Meyer demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Bunce, Bush, Cowden, Davis of Nodaway, Dodson, Drake, Esther, Fulkerson, Gilbert of Lawrence, Green, Hen- derson, Holcomb, Holland, Hume, King, Linton. Mack, Morton, Nixdorf. Owens, Peck, Rankin, and Weatherby— 23.' Noes— Messrs. Budd, Davis of New Ma-, 75 drid, D'Oench, Ellis, Filley, Fletcher, Folmsbee, Gamble, Gilbert of Platte, Gram- mer, Harris, Hughes, Husmaiiu, Leonard, McKernan, McFherson, Martin, Meyer, Mitchell, New^eut, Smith of Mercer, Strong, Sutton, Sweanngeu, and Thilenius— 25. Absent — ^Messrs. Adams, Barr, Bedford, Bonham, Childress, Clover, Evans, Foster, Gilstrap, Holdsworth, Rohrer, St. Gem, Smith of Worth, Switzler, "WiUiams of Cald- well, Williams of Scotland, and Mr. Presi- dent— 17. So the motion to strike out the second sec- tion was rejected. Mr. Thilenius oflered the following sub- stitute for section second : The militia shall be divided into two classes. The first class shall be styled "The National Guards, ' ' and shall consist of all unmarried persons, subject to military duty, between the ages of eighteen and twenty-five years, and all unmarried persons, subject to such duty, between the ages of eighteen and forty- five years; the second class shall be styled "■The Reserves, " and shall consist of all married persons, subject to such duty, be- tween the ages of twenty -five and forty -five years. Which substitute was, onmotion, rejected. Mr. HusMANN oflered the following amend- ment, which was adopted: Amend section second by striking out the word "twenty-three" wherever it occurs, and insert in heu thereof the word ' 'tsventy- tive. ' ' Mr. Mack offered the following amend- ment: Amend section fourth, first line, by striking out the word "company, ' ' and insert in place thereof the word "all ; " and in second line of section four, strike out, after the word ' 'respective, ' ' the word "companies, ' ' and insert in place thereof the word "com- mands." Pending which, on motion of Mr. Folms- bee, the Convention adjourned until half- past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Holland demanded the ayes and noes on the amendment oflered by Mr. Mack, and the vote being taken, stood as follows: Ayes — ^Messrs. Bedford, Childress, Cow- den, Davis of New Madrid, Esther, Folms- bee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Grammer, Harris, Henderson, Holland, Hume, Mack, Mitchell, andMor- I ton— 17. Noes— Messrs. Budd, Bush, Davis of Nod- away, Dodson, Drake, Ellis, Filley, Fletcher, Gamble, Green, Holcomb, Hughes, Hus- mann, King, Leonard, Linton, McKernan, McPherson, Martin, Meyer, Newgent, Nix- dorf, Owens, Peck, Sutton, Swearingen, Switzler, Thilenius, Weatherby, and Wil- liams of Caldwell— 30. Absent — Messrs. Adams, Barr, Bonham, Bunoe, Clover, D'Oench, Evans, Foster, Gilstrap, Holdsworth, Rankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, WUUams of Scotland, and Mr. Presi- dent— 18. Mr. Owens oflisred the following amend- ment, upon which he demanded the ayes and noes : Strike out in fourth section the words "company oflicers shall be elected by ballot by the members of their respective com- panies," in first and second lines, and in- sert the word ' 'commissioned' ' before the word "oflicers" in second line. The vote being taken, stood as follows: Ayes — ^Messrs. Fletcher, Green, Holcomb, Leonard, and Owens — 5. Noes — Messrs. Bedford, Bonham, Budd, Bunce, Bush, Childress, Davis of Nodaway, Dodson, Drake, Ellis, Esther, FiUey, Folms- bee, Fulkerson, Gamble, Gilbert of Law- rence, Gilbert of Platte, Grammer, Harris, Henderson, Holland, Hughes, Hume, Hus- mann. King, Linton, McKernan, McPher- son, Mack, Martin, Meyer, Mitchell, Mor- ton, Newgent, Nixdorf, Peck, Rankin, Rohrer, Smith of Mercer, Swearingen, Thi- lenius, Weatherby, and Williams of Cald- weU— 43. Absent — ^Messrs. Adams, Barr, Clover, Cowden, Davis of New Madrid, D'Oench, Evans, Foster, Gilstrap, Holdsworth, St. Gem, Smith of Worth, Strong, Sutton, Switzler, Williams of Scotland, and Mr. President— 17. So the amendment was not adopted. Mr. Weatherby offered the following amendment, which was rejected: Insert after the word "Governor," in line third, "on recommendation of the line officers . ' ' Mr. Holland offered the following amend- ment: Amend section four by strildng out after the word "companies," in "second line, all down to the word ' ' commanding, ' ' in third line, and insert in lieu thereof, "field offi- cers by the company ofl[icers of their copa- maud, and brigadier generals by the field officers of their respective military dis- tricts." Mr. Holland demanded the ayes and noes on his amendment, which being taken, the vote stood as follows: 76 Ayes — Messrs. Bedford, Bush, Childress, Cowden, Dodson, Esther, Folmshee, Ful- kerson, G-ilhert of Lawrence, Gilbert of Platte, Grammar, Harris, Henderson, Hol- land, Hughes, Hume, Mack, Mitchell, Mor- ton, SmitQ of Mercer, and Swearingen — 21. Noes — Messrs. Bonham, Budd, Bunce, Davis of NodawOT, Drake, Ellis, Fletcher, Gamble, Green, Holcomb, Husmann, King, Leonard, MoKernan, McPherson, Newgent, Nixdorf, Owens, Peck, Eankin, Rohrer, TJiilenius, Weatherby, and WiUiams of Caldwell— 24. Absent — Messrs. Adams, Barr, Clover, Davis of New Madrid, D'Oench, Evans, Filley, Foster, Gilstrap, Holds worth, Lin- ton, Martin, Meyer, St. Gein, Smith of Worth, Strong, Sutton, Switzler, Williams of Scotland, and Mr. President — 20. So the amendment was rejected. Mr. KANKiisr offered the following as a substitute for section four: Officers of the militia shall be elected, or appointed and commissioned, in such a man- ner as may be approved by law . Command- ing officers of battalions, regiments, or hri- gsSes, shall select their own respective staff oiHcers. Which was, on motion, rejected. The question being on the passage of the fourth section, Mr. Mack demanded the ayes and noes, which being taken, the vote stood as follows : Ayes— Messrs. Bonham, Bunce, Bush, Cowden, Davis of Nodaway, Drake, Ellis, Filley, Fletcher, Gamble, Green, Hender- son, Holcomb, Husmann, King, Leonard, McKernan, McPherson, Meyer, Newgent, Nixdorf, Owens, Peck, Rohrer, Swearingen, and Sutton — 26. Noes — Messrs. Bedford, Childress, Davis of New Madrid, Dodson, Esther, Evans, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Grammer, Harris, Hol- land, Hughes, Hume, Mack, Mitchell, Mor- ton, Rankin, Smith, of Mercer, Weatherby, and Williams of Oaldwell— 22. Absent — Messrs. Adams, Barr, Budd, Clover, D'Oench, Foster, Gilstrap, Holds- worth, Linton, Martin, St. Gem, Smith of Worth, Strong. Sutton, Switzler, Williams of Scotland, and Mr. President — 17. So the foju'th section was adopted. Mr. Clover mpved that the Convention adjourn. Motion lost. Mr. Bedfokd offered the following amend- ment : Amend by striking out sections number 2, 3, 4, 5, 7 and 8, and insert in the sixth sec- tion, after the word "discipline," in the first line, the words "and officering. ' ' On motion, the Convention adjourned until half-past 9 o'clock to-morrow morn- ing. TW^ENTY-JEiaHTKC D^Y. THURSDAY, Fbbuuaey 9th, 1865. Convention met pursuant to adjournment, the President in the chair. The pending amendment, offered by Mr. Bedfoed to the Militia bill, was taken up. Mr. Williams of Caldwell offered the fol- lowing amendment to Mr. Bedford's amend- ment: "Retain section eight," which was accepted by Mr. Bedford. Mr. Owens called for a division of the question, so that the vote could be taken by single sections. The President decided the call out of order. Mr. Owens appealed from the decision of the President, and the Convention sustained the President's decision. Mr. Meyee demanded the ayes and noes on the pending amendment, and the vote being taken, stood as follows: Ayes— Messrs. Bedford, Childress, Cow- den, Davis of New Madrid, Dodson, Drake, Ellis, Esther, Evans, Fletcher, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Grammer, Green, Harris, Hender- son, HoUand, Hughes, Hume, Husmann, King, Linton, McKernan, McPherson, Mack, Mitchell, Morton, Nixdorf, Owens, Ranldn, Smith of Mercer, Switzler, Thilenius, Weatherby, and Williams of Caldwell— 37. Nobs— Messrs. Bonham, Budd, Bunce, Davis of Nodaway, D'Oench, Filley, Gamble, Holcomb, Leonard, Martin, Meyer, New- gent, Peck, Smith of Worth, Strong, Sutton, Sweaniigen, Williams of Scotland, and Mr. President— 19. 77 Absent — Messrs. Adams, Barr, Bush, Clover, Foster. Gilstrap, Holdsworth, Eohrer^ and St. (xom — 9. So the amendment was adopted. Mr. Gkebn offered the folio-wing amend- ment: Amend by striking out aU after the second section, and adopt the following in lieu thereof: Section 3. The General Assembly shall provide by law for the organization of the militia into companies, battalions, regiments, and brigades or divisions ; for the onicering of the same, and for their pay, when called into active service . Sec. 4. There shall be no higher grade than a major general; the number of major fenerals sHaU not exceed two, and of briga- ier generals not exceeding;|eight.j;_;; On motion of Mr. Gkben, the question was divided, and the vote ordered on section three; on which, Mr. Meyer demanded the ayes and noes, which being taken, the vote stood as follows : Ayes — Messrs. Gamble, Green, and Mr. President — 3. Nobs — Messrs. Bedford, Bonham, Budd, Bunce, Bush, Childress, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Filley, Fletcher, Folmsbee, Fulkerson, Gil- bert of Lawrence, Gilbert of Platte, Gram- mer, Harris, Henderson, Holcomb, Holland, Hughes, Hume, Husinann, King, Leonard, Linton, McKernan, McPherson, Mack, Martin, Meyer, Mitchell, Morton, Newgent, Nixdorf, Owens, Peck, Kankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearlngen, Swltzler, Thilenius, Weatherby, WiUiams of Caldwell, and Williams of Scot- land — 54. Absent — ^Messrs. Adams, Barr, Clover, Foster, Gilstrap, Holdsworth, Rohrer, and St. Gem— 8. So section thu-d of the amendment was rejected. Mr. Gkben then withdrew the fourth sec- tion of his amendment. Mr. Ellis offered the following amend- ment, which was adopted: Amend section second by striking out the word ' 'thirty-five, ' ' in fifth line, and nisert in lieu thereof the word "forty-five;" also strike out all after the word "of," in the sixth line, to the word "all, " in the seventh line. On motion of Mr. Dkake, the article on Militia was ordered to be engrossed for a third reading. On motion of Mr. Dkake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein^ the President re- sumed the chau-, and Mr. Owbns reported a substitute, offered by Mr.' Krekel, for the eighteenth and twenty-sixth sections of the ai-ticle on Elections and Qualifications of Voters, Officers, and others, with the recom- mendation that said substitute be printed; and further reported, that the Committee had had under consideration the article on the Judicial Department, but had come to no resolution thereon. Mr. Dkake moved that the substitute re- ported by the committee be printed, accord- ing to the recommendation of the Committee, which motion was adopted. On motion of Mr. Gilbbkt of Lawrence, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The President announced the following gentlemen as the Engrossing Committee : Messrs. Budd, Ellis, and Husmann. On motion of Mr. Owens, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President re- sumed the chair, and Mr. Budd reported that the Committee had, according to order, had under consideration amendments to the Constitution, and particularly the article on the Legislative Department, but had come to no resolution thereon. Mr. D'Oench, Chairman of the Committee to procure furniture and to decorate the hall, submitted the following report: The committee appointed to procure fur- niture and decorate the hall, beg leave most respectfully to report that they have dis- charged that duty, by accepting proposition of Mercantile Library HaU. Association, made to Mr. Drake, and furniture from H. H. Cur- tis, as per biU rendered ($829 25)i which Mr. Curtis proposes to take back if returned in sixty days from the 8th ot January, allowing therefor the sum of $600. Cost of furniture under above pro- position would cost the State $229 25 Parsons & Co. , for work in decora- tion of hall, and use of flags, to be returned within sixty days 50 00 Am't carried forward $279 25 78 Am'tbronght for ward $ 279 25 C. Gr. Thalmann & Co. , stationery.. 44 55 Moody, Michel &Co., soap 8 40 John O. Godding, carpenter work.. 12 50 Warne, Cheever & Co., spittoons and sundries 70 60 F. Hafkemeyer & Co. , matting 740 56 $1,155 86 We recommend the passage of the follow- ing resolution. W. D'OElSrCH, Chairman. Resolved, That the biUs and accompanying papers he turned over to the Committee on Accounts, with instructions to audit and pay the same. , On motion, the report and accompany- ing resolution were received and adopted. On motion of Mr. Smith of "Worth, the Secretary was authorized to procure one hundred additional copies of the report of the Committee on the Legislative Depart- ment, for the use of the Convention. On motion ^of Mr. Bhnce, the Conven- tion adjourned until half past 9 o'clock to-morrow moiuiing. T^W^EI>^TY-:NriNTI3: d^y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Dr. Post. Leave of absence was granted to Mr. Holdsworth until Monday morning. Mr. SMrrH of Worth offered the following resolution : Resolved, That the I'eporter for the Demo- crat be expelled fi'om this body. After debate, Mr. Smith of Worth with- drew his resolution. On motion of Mr. Budd, the following memorial was read for information : To His Excellency the President of the United States, and the Honorable the Senate and House of Representatives of the United States, in Congress assembled : The Convention of this State respectfully memorialize you, to grant to the State the means to pay her military debt; and base their application on the following facts : That the whole of said debt has been in- curred by the State in support of the general government and the cause of the Union, and without which expenditure, on the part of the State, the Government of the UnltSd States would have had to maintain a force at great expense to protect the Union people of the State; that in their efforts to remain in tlie Union, and to perpetuate our govern- ment, our people have had to bear great losses and burthens, with little ability to bear up under them; that our State has for the last four years been devastated by war, preventing the raising of crops, or doing anything ro enable them to pay taxes; that, in their efiort to remain in the Union, this State has emancipated her people hitherto held in bondage, and, as a consequence, cur- FRIDAY, Februaet 10th, 1865. tailed a poi'tion of the labor of the State, and that this labor it wiU take time to replace; that, in consideration of our condition and the justice of the claim, we earnestly appeal to' the Government to grant, vnthout delay, the legislation necessary to enable us to discharge this debt in full. On motion of Mr. Diiakb, the memorial was adopted, and the Secretary was ordered to .furnish to the President of the United States, and each member of Congress from this State, a certified copy of the same. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Fulkerson reported that the com- mittee had, according to order, had under consideration amendments to the Constitu- tion, and particulai'ly the ai-ticle on the Legislative Department, but had come to no resolution thereon. Mr. Mack asked leave of absence for Mr. Grammer for ten days, which was granted. On motion of Mr. Owbns, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Davis of Nodaway demanded a call of the house, which was ordered, and the fol- lowing gentlemen answered to their names : 79 Messrs. Budd, Bunce, Cbildress, Oowden, Davis of Nodaway, Dodsoii, Fletcher, I'olmsbee, 'Fulkerson, Gamble, Gilbert of Lawrence, Holcomb, Holland, Hughes, Hume, Husmaun, King, Leonai'd, McKgr- nan. Mack, Mai'tin, Meyer, Newgent, Nix- dorr, Owens, Peck, Kankin, Smith of Worth, Sutton, Swearingen, Williams of Caldwell, and Ml'. President— 32. On motion, further proceedings under the call were dispensed with. The Pep;sident caused to be read for information a letter from Colonel E. B. Alexander, respecting tlie United Sta,tes enrollment in this State. Mr. Smith of Worth asked for the reading ofa letter on the same subject, from Howard T. Combs, of Bethany, Mo., which was read for information, and, on motion, laid on the table. The Engrossing Committee made the fol- lowing report: Me. Presideistt — The Engrossing Com- mittee lieg leave to make the following re- port: That they have had the article entitled an article on Militia truly engrossed. GEO. HUSMANN, One of the Committee. On motion of Mr. Drake, the third section of the Militia bill was stricken out. On motion of Mr. Bush, the vote on striking out section third was reconsidered. Mr. Drake then withdrew his motion to strike out. Mr. Rankin offered the following amend- ment, which was i-ead the first and second time, and adopted: Amend section third, first line, by striking out the words ' ' disciplining and oflScering, ' ' and insert the words ' ' organizing, equip- ping and disciplining. ' ' Mr. Smith of Worth offered the following amendment, which was rejected: Amend by striking out section second. Mr. Gkkbjst offered the following amend- ment, which was adopted: Amend section second, in fifth line, after the word vears, and insert ' ' except such unmarried'persons of the ages herein men- tioned as are the sole support of infirm parents, or a family, shall be enrolled with the second class. ' ' jlr. moved to reconsider the vote by which section first of the Militia bill was adopted in the Convention, which motion was rejected. Mr. Mbybk offered the following amend- ment, which was decided out of order: Strike out aU after the word "State," in first section and last line. On motion of Mr. Bonham, the article on Militia, as amended, was referred back to the Committee on Engrossing. Ml'. Peck asked leave of absence for Mr. Sutton for five days, which was granted. Mr. Owens asked leave of absence for Mr. Fletcher for two days, which was granted. Mr. Martin asked leave of absence for fom' days for Mr. Gamble, which was granted. Mr. Mack moved that Mr. Grammar be relieved from further duty on the Committee of Accounts, which moti,on was adopted. Mr. Gilbert of Platte asked leave of ab- sence for Mr. Harris, which was granted. Mr. Meyer offered the following resolu- tion : Resolned, That the Committee on Accounts be, and are hereby, insti'ucted not to pay any itiember, absent without leave after next Tuesday, for days during which he is so absent. Mr. Owens moved to lay the resolution on the table; on which motion, Mr. Drake de- manded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Bedford, Bunce, Bush, Clover, D'Oench, Evans, Fletcher, Folms- bee. Gamble, Gilbert of Platte, Green, Harris, Holcomb, Hughes, King, Linton, McKernan, Martin, Morton, Nixdorf, Owens, Smith of Mercer, Smith of Worth, Strong, and Weatherby— 25. Noes — ^Messrs. Bonham, Budd, Childress, Cowdeu, Davis of Nodaway, Dodson, Drake, Filley, Fulkerson, Gilbert of Lawi-ence, Holland, Hume, Husmami, Mack, Meyer, Newgent, Peck, Eanlcin, Kohrer, Sutton, Sweai'ingen, Tlulenius, Williams of Cald- well, Williams of Scotland, and Mr. Presi- dent— 2S. Absent — Messrs. Adams, Barr, Davis of New Madrid, Ellis, Esther, Foster, Gilstrap, Grammer, Henderson, Holdsworth, Leonard, McPherson, Mitchell, St. Gem, and Switz- ler — 15. So the motion to lay on the table was rejected. Mr. Clover moved to adjourn; on which Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Bedford, Budd, Childress, Clover, Cowden, Dodson, Evans, Fletcher, Gamble, Harris, Hughes, McPherson, Maxik, Martin, Nixdorf, Smith of Mercer, Strong, Sutton, and Williams of Scotland— 19. Noes— Messrs. Bonham, Bunce, Bush, Davis of Nodaway, D'Oench, Drake, Filley, 80 Folmsbee,' Fulkerson,'Gilbert of Lawrence, Gilbert of Platte, Green, Holcomb, Holland, Hume, Hiismann, King, Linton, Meyer, Morton, Newgent, Owens, Peck, Rankin, Rohrer, Smith of Worth, Swearingen, ThUenius, Weatherby, Williams of Cald- well, and Mr. President — 31, Absent — Messrs. Adams, Ban', Davis of NewMadrid, Ellis, Esther, Foster, Gilstrap, Grammer, Henderson, Holdsworth, Leonard, McKeruan, Mitchell, St. Gem, and Switz- ler — 15. So the Convention refused to adjourn. The question being on the adoption of the resolution of Mr. Meyer, Mr. Owens demand- ed the ayes and noes, which being taken, the vote stood as follows : Ayes — Messrs. Bonham, Davis of Noda- way, Drake, Filley, Folmsbee, Fulkerson, Gilbert of Lawrence, Holland, Peck, Rankin, Thilenius, and Williams of Caldwell — 12. Noes — Messrs. Bedford, Budd, Bimce, Bush, Childress, Clover, Cowden, Dodson, D'Oench, Evans, Fletcher, Gamble, Gil- bert of Platte 5 Green, Harris, Holcomb, Hughes, Hume, Husmann, King, Linton, McKernan, McPhersonj Mack, Meyer, Morton, Newgent. Nixdorf, Owens, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, Williams of Scotland, and Mr. President — 38. Absent — Messrs. Adams, Barr, Davis of New Madrid, Ellis, Esther, Foster, Gil- strapj Grammer, Henderson, Holdsworth, Leonard, Martin, Mitchell, St. Gem, and Switzler — 15 So the resolution was rejected. Mr. Thilenius asked leave of absence for Mr. McPherson for three days, which was granted. Mr. Williams of Caldwell offered the fol- lowing resolution, which was declared out of order : Resolved. That the Sergeant-at-arms be ordered to bring the members of the city into the Convention each day. Mr. Holcomb offered the following reso- lution, which was adopted: Resolved, That the Secretary be, and is hereby instructed to furnish the Committee on Accounts with the names of members, ab- sent without leave. iThe committee desire instruction whether or not they are entitled to pay. On motion of Mr. Hakris, the Committee on Printing was instructed to inquire, and report to-morrow morning at 10 o'clock, the cost of two thousand additional copies of the report of the Committee on Finance. Mr. BoNHAM offered the following resolu- tion: Resolved, That no leave of absence shall be granted, unless for sickness in the family of the member asking leave, after the 15th in- stant. Pending which, on motion of Mr. Drake, the Convention adjourned until half-past 9 o'clock to-morrow morning. THIRTIETH r>^Y. SATURDAY, February 11th, 1865. Convention met pxirsuant to adjournment, the President in the Chair. Mr. Drake demanded a call of the house, which was ordered, and the following gen- tlemen responded to their names : Messrs. Bedford, Bonham, Buuce, Chil- dress, Cowden, Davis of Nodaway, Dodson, Drake, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Green, Hol- comb, Hume, King, Leonard, Linton, Mack, Martin, Meyer, Mitchell, Nixdorf, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Swearingen, WiUiams of Caldwell, Williams of Scotland, and Mr. President — 32. Absjint without Leave — Messrs. Budd, Bush> Clover^ D'Oench, Ellis, Evans, Fil- ley, Fletcher, Holland, Hughes, Morton, Owens, Rohrer, Switzler, Thilenius, and Weatherby— 16. Absent with Leave — Messrs. Adams, Barr, Davis of New Madrid, Foster, Gam- ble, Gilstrap, Grammer, Hai-ris, Holds- worth, McKeman, McPherson, St, Gem, and Sutton — 13. Excused — ^Mr. Husmann — 1. Sick — Messrs. Esther, Henderson, and Newgent — 3. Mr, Green moved to suspend further pro- ceedings under the call of the house, w^hich motion was disagreed to. The acting Sergeant-at-ai-ms reported the following members as having come in since the call commenced: 81 Messrs. Biidd, Bush, Clover, EUis, Filley, Hughes, anclThilenius— 7. Mr. Deake moved to suspeud further pro- ceedings under the call of the house, which motion was disagreed to. Mr. Geebn moved to adjourn; on which motion Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Bedford, Evans, Gilbert of Platte, Green, Hughes, Leonard, Linton, Mack, Martin, Strong, Switzler, andWeath- erby— 12. Noes — Messrs. Bonham, Budd, Bunce, Bush, Oliildress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, FUley, Folmsbee, Fulkerson, Gilbert of Lawrence, Holcomb, Holland, Hume, King, Meyer, Mitchell, Morton, Nixdorf, Peck, Rankin, Swearingen, Thilenius, Williams of Caldwell, Williams of Scotland, and Mr. President— 31. Absent— Messrs. Adams, Bai-r, Davis of New Madrid, Fletcher, Foster, Gamble, GUstrap, Grammer, Harris, Holdsworth, Husmann, MoKernan, McPherson, Owens, Eohrer, St, Gem, Smith of Mercer, Smith of Worth, and Sutton— 19. Sick — Messrs. Esther, Henderson, and Mewgent — 3. So the Convention refused to adjourn. On motion of Mr. Bush, further proceed- ings under the call of the house were dis- pensed with. Mr. Bedfoed asked leave of absence for Mr. Davis of New Madrid, for eight or ten days, on account of sickness in his family, which was granted. Mr. Bush asked leave of absence for Mr. Husmann, for two days, on account of sick- ness in his family, -^vhich was granted. Mr. PiLLEY, Chairman of the Committee on Printing, made the following re]port in answer to a resolution of yesterday : The Committee on Printing report the cost of additional copies of the Finance Ee- port, in pamphlet form, at thirty-flve dollars per thousand; and for the report in bill form at six dollars per thousand . Ml'. Deakb moved that two thousand copies of the Report of the Committee on Finance, with the articles reported by said committee appended, in pamphlet form, be printed and furnished for the use of the Convention, which motion was disagreed to. Mr. Deakb called for the regular order of business for the day, being the Declaration of Bights as amended by the Committee of the' Whole, which was then taken up by the Convention. Mr. Bush offered the following amend- ment, which was read the first and second time: Strike out the 9th, 10th, 11th, 12th, and 13th sections, and insert m lieu thereof the following : Sec. 9. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- sciences; that no man can be compelled to erect, support, or attend, an}"- place of wor- ship, or to maintain any minister of the gospel, or teacher of religion; but whatever contracts any pei-son may enter into for any such object, ought, in law, to be binding and capable of enforcement, as other con- tracts; that no human authority can control or interfere with the rights of conscience; that no person can ever be hurt, molested, or restrained in his religious professions, sentiments, or practice, unless, under the color of religion j he endangers the good order, peace, or safety oi the State, or dis- turbs others in their religious worship. Sec. 10. That no person, on account of his religious opinions, can be rendered ineli- gible to any oflace of trust or profit under this State, nor be deprived of any civil rights, privileges, or capacities; that no preference can ever be given, by law, to any church, sect, or mode of worship. Sec. 11. That no religious corporation can be established in this State; but provi- sion may be made by general laws for secure ing the title to church property, so that it shall be held and used for the purposes- intended. Mr. Dkakb offered the following amend>- ment to the amendment, which was read, the first and second time : Strike out of section eleven the words; ' 'but provision may be made by general, laws for securing the title to church property, so that it shall be held and used for the pur- poses intended." Mr. Owens offered the following resolu- tion, which was, on motion of Mr.. Drake, laid on the table : Resolved. That this Convention will adjourn sine die on Monday, February 27th, at 12 M. Mr. Bunce asked leave of absence for himself for days; which was granted. Mr. Green asked that the leave of absence granted Mr. Gilstrap be extended till next Saturday; which was done. Mr. Hughes moved to adjom-n till Mon- day morning at half-past 10 o'clock; on which, Mr. Owens demanded the ayes and noes, and the vote being taken, stood as follows : AyES — Messrs. Adams, Bedford, Bunce, Bush, Clover, EUis, Folmsbee, GUbert ot 82 Platte, Green, Holoomb, Hughes, Leonard, Martin, Mitchell, Morton, Nixdorf, Bankin, Rohrer, Strong, and Switzler — 20. Noes— Messrs. Bonham, Childress, Cow- den, Davis of Nodaway, Dodson, D'Oench, Drake, Evans, Filley, Fulkerson, Gilbert of Lawrence, Holland, Hume, King, Lin- ton, Mack, Meyer, Owens, Peck, Smith of Mercer, Smith of Worth, Swearinffen, Thi- lenius, Williams of Caldwell, Williams of Scotland, and Mr. President— 26. Absent — Messrs. Barr, Budd, Davis of New Madrid, Fletcher, Foster, Gamble, Gilstrap, Grammer, Harris, HoldsworthJ Husmann, MoKernan, McPherson, St. Gem, Sutton, and Weatherby — 16. Sick — Messrs. Esther, Henderson, and Newgent — 3. So the motion to adjourn was rejected. On motion of Mi. Davis of Nodaway, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Rankin asked leave of absence for Mr. Rohrer for this afternoon, which was granted. The question being on the passage of Mr. Drake's amendment to the amendment of Mr. Bush, Mr. Drake withdrew his amend- ment. Ml'. Geekn offered the following amend- ment to the amendment of Mr. Bush, which was read the first and second time, and accepted by Mr. Bush: Amend section eleven by striking out all after ' ' State, ' ' in second line, and sub- stituting the following in lieu thereof: "Except that the General Assembly may, by a general law, provide for the incorpora- tion of religious societies or congregations, so as to enable them, throuo^h trustees of their own choosing, to purchase,- acquire, hold, or transfer such property as may be required for church buildings, parsonages, or burial grounds, and for no other pur- pose. ' ' Mr. Bush, by request of Mr. Krekel, struck out of his amendment to section ten the words ' ' or capacities ' ' after the word ' 'privileges, ' ' and inserted the word ' 'and' ' before the word ' ' privileges. ' ' The question being on the amendment of Mr. Bush, as modified by the amendments of Mr. Green and Mr. Krekel, Mr. Deakb demanded the ayes and noes, which being taken, the vote stood as follows: Ayes— Messrs. Bedford, Bush, Childress, Clover, Gilbert of Lawrence, Gilbert of Platte, Green, Holcomb, Holland, King, Linton, McKernan, Mack, Meyer, Morton, Nixdorf, Owens, ThUenius, Weatherby, WiUiams of Caldwell, and Mr. President>— 21. Nobs— Messrs. Adams, Bonham, Budd, Bunce, Cowden, Davis of Nodaway, Dod- son, Drake, Esther, Evans, Filley, Folms- bee, FuUierson, Hume, Leonard, Martin, Mitchell, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Swearingen, Switz- ler, and Williams of Scotland — 25. Absent — Messrs. Barr, Davis of New Madrid, D'Oench, Ellis, Fletcher, Foster, Gamble, Gilstrap, Grammer, Harris, Holds- worth, Hughes, Husmann, McPherson, Rohrer, St. Gem, and Sutton — 17. Sick — ^Messrs. Henderson and Newgent — 2. So the amendment was rejected. Mr. Gilbert of Lawrence asked leave of absence for this evening, which was granted. Mr. Drake offered the following amend- ment, which was read the first and second time, and adopted: Amend section nine by inserting in line four, after the word "testifying," the words ' ' that no human authority can con- trol or interfere with the rights of con- science." Mr. Drake offered the following amend- ment, which was read the first and second time, and rejected: Amend the ninth section by striking out of the seventh and eighth lines the words "or infringe the laws of morality," and insert in lieu thereof the words ' ' or offend against public morals. ' ' Mr. Davis of Nodaway moved to adjourn, which motion was lost. Mr. Holland offered the following amend- ment, which was read the first and second time: Strike out in seventh and eighth lines, after the word "State," in seventh line, ' ' or infringe the laws of moi-ality. ' ' Mr. Drake demanded the aj'es and noes, which being taken, stood as follows : Ayes— Messrs. Adams, Bedford, Bush, Cowden, Filley, Green, Holcomb, Holland, Hughes, King, Leonard, Linton, McKer- nan, M;artin, Meyer,,- Mitchell, Nixdorf, Owens, Rohrer, Thilenius, Weatherby, Williams of Caldwell, and Mr. President— 23. Noes — Messrs. Bonham, Bunce, Chil- dress, Clover, Davis of Nodaway, Dodson, Drake, Esther, Evans, Folmsbee, Fulker- son, Gilbert of Platte, Hume, Mack, Mor- ton, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Swearingen, Switzler, and WUhams of Scotland — 23. 83 Absent — ^Messrs. Ban-, Budd, Davis ol New Madrid, D'Oencli, Ellis, Fletcher, Poster, Gamble, Gilbert of Lawrence, Gil- strap, Grammer, Harris, Holds worth, Hus- mann, McPherson, St. Gem, and Sutton — 19. Sick — ^Messrs. Henderson aiid Newgent. So the amendment was rejected. Mr. Mbyer offered the following resolu- tion: Resolved, That in the opinion of this Con- vention it IS wholly inexpedient, and would be dangerous to the peace and safety of the people of Missouri, for martial law to be removed from this State. The resolution was unanimously adopted. Mr. Owens gave notice that on Monday he would introduce an amendment to the thir- teenth rule. On motion of Mr. Owens, the following resolution was unanimously adopted: Resolved, That a committee of three be ap- pointed by the President to present to the commander of the Division of the Missouri the resolution adopted by this Convention relative to martial law in this St-ate. The President appointed Messrs. Owens, Meyer, and Green said committee. On motion of Mr. Strong, the Conven- tion adjourned until Monday morning next at half-past 9 o'clock. THIRTY-FIRST DA.Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Eev. Mr. Kyle. Mr. Meyer moved to reconsider the vote ot Satm-day, on the resolution to print two thousand copies of the report of the Committee on Finance, which motion was agreed to. On motion of Mr. Holcomb, the' resolu- tion was amended to read as follows : That two thousand copies of the report of the Committee on Finance be printed in pamphlet form, and furnished for the use of the Convention. The resolution, as amended, was then adopted. ' Mr. Bonham's resolution, relative to leaves of absence, was called up, and, on motion of Mr. St. Gem, it was laid on the table. Mr. Owens offered the following resolu- tion, which was read for information, and laid over under the rules governing the Con- vention: Resolved, That the following be adopted as an amendment to the thirteenth rule, by adding thereto the words, ' 'nor at any time for a longer period than ten minutes. ' ' Mr. Drake offered the following preamble and resolutions: MONDAY, Fbrruary 13th, 1865. Whereas, In the message of Abraham Lincoln, President of the United States, to Congress, on the 10th inst., communicating the facts and documents in regard to the recent conference -with rebel Commissioners at Hampton Eoads, there is found a letter of instructions from him to the Secretary of State, wherein the President directed the Secretary to make known to said Commis- sioners that three things are indispensable, to -wit: "i^Vsi— The restoration of the national authority throughout all the States : ' ' Second— "No receding by the Executive of the United States , on the slavery question, from the positions assumed thereon in the late annual message to Congress, and in the preceding documents: ' ' Third— ISo cessation of hostilities short of an end of the war, and the disbanding of all forces hostile to the Government. '' And whereas, this Convention deem it proper that this clear announcement by the National Executive of the terms upon which peace may be restored should be noticed by this body: therefore. Resolved by the Representatives of the People of the State of Missouri, in, Convention ossemMed, That we do unqualifledly approve, uphold and sustain President Lincoln in the declara^ tion of those terms, and do thank him for so plainly laying down the only basis upon which, in our judgment, a peace can be made which will be nonorable to the United States, permanent m its duration, and true to the cause of freedom. Resolved, That deeply as Missouri has suf- fered by the war of the rebellion, we unhesi- 84 tatjngly pledge her loyal people to stand up to the National Government to the last extremity in prosecuting the war until peace shall he established, and, if need be, con- quered on that basis. Resolved, That a committee of seven be appointed to communicate these resolutions to President Lincoln. Mr. SwiTZLKR moved that the preamble and resolutions offered by Mr. Drake be laid on the table ; that one hundred copies toe printed for the use of this body, and that, it be made the special order of the daj^- for to- morrow morning at 10 o'clock. The motion was rejected. Mr. SwiTZLER moved to amend by striking out of the first resolution the word ' 'only ; ' ' on which Mr. Gilbert of Platte demanded the ayes and noes, and the vote being taken, stood as follows: Aybs— Messrs. Gilbert of Platte, Morton, and Switzler— 3. Noes — Messrs. Adams, Bonham, Budd, r.ush, Childress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, /iuvans, FiUey, Polmsbee, Foster, Fulker- .-■on, Gilbert of Lawrence, Green, Holcomb, Holland, Hughes, Hume, Husmann, King, l.,eonard, Linton, McKernan, Mack, Mar- Un, Meyer, Mitchell, Newgent, Nixdorf, Owens, Peck, Rankin, Eohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Swearingen, Thilenius, Weatherby, Wil- liams of Caldwell, WiUiams of Scotland, and Ml-. President — 48. Absent— Messrs. Barr, Bedford, Bunce, l):ms of New Madrid, Fletcher, Gamble, •i.Tilstrap, Grammer, Harris, Holdsworth, ■ IcPherson, and Sutton — 12. Sick— Messrs. Esther and Henderson — 2. So the amendment was rejected. The question being on the passage of the rreamble and resolutions, Mr. Drake de- :.'..iuded the ayes and noes, which being i I ken, stood as follows: Ayes- Messr*. Adams, Bedford, Bonham, I'.iidd, Bush, Childress, Clover, Cowden, .■■ivis ot Nodaway, Dodson, D'Oench, ! ':-:tke, Ellis, Evans, Filley, Folmsbee, Foster, I'ulkerson, Gilbert of Lawrence, Gilbert of I'latte, Green, Holcomb, Holland, Hughes, iairae, Husmann, King, Leonard, Linton, :!(;Kernan, Mack, Martin, Meyer, Mitchell, ..!.orton, Newgent, Nixdorf, Owens,, Peck, li.mkin, Eohrer, St. Gem, Smith of Mercer, i-.mith of Worth, Strong, Sweai-ingen, i -^sitzler, Thilenius, Weatherby, Williams of '':!dwell, Williams of Scotland, and Mr. • I'sident — 52. Noes — None. » Absent — Messrs. Barr, Bunce, Davis of ,\\j\v Madi'id, Fletcher, Gamble, Gilstrap, Grammer, Harris, Holdsworth, McPherson, and Sutton— 11. ^ Sick — ^Messrs. Esther and Henderson — 2. So the preamble and resolutions were unanimously adopted. The President appointed the following gentlemen as a committee to communicate with the President of the United States, as provided for in the resolutions: Messrs. Drake, Polmsbee, Ellis, Mack, D'Oench, Leonard, and St. Gem. Mr. Owens called up the resolution offered toy him relative to amending the thirteenth rule governing the Convention, it having been laid over under an error. Mr. Budd, Chairman of the Engrossing Committee, reported back the article on Militia as truly engrossed. Mr. Clover moved to lay the resolution of Mr. Owens on the table, and on that mo- tion Mr. Holland demanded the ayes and noes, and the vote being taken, stood as fol- lows: Ayes — ^Messrs. Adams, Bonham, Clover, Davis of Nodaway, Polmsbee, GUtoert of Lawrence, Giltoert of Platte, Martin, and Strong — 9. Nobs — Messrs. Bush, Cowden, Dodson, D'Oench, Drake, Evans, FiUey, Foster, Pulkerson, Green, Holeomto, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKernan. Mack, Mitchell, Mor- ton, Newgent, Nixdorf, Owens, Peck, Rankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Swearingen, Switzler, Thilenius, Weatherby, Williams of Cald- well, Williams of Scotland, and Mr. Presi- dent— 38. Absent- Messrs. Barr, Bedford, Budd, Bunce, Childress, Davis of New Madrid, Ellis, Fletcher, Gamble, Gilstrap, Grammer, Harris, Holdsworth, McPherson, Meyer, and Sutton — IG. Sick— Messrs. Esther and Henderson- 2. So the Convention refused to lay the reso- lution on the table. Mr. Bush moved to amend the resolution toy striking out the word "ten," and in- serting the word "twenty" in lieu thereof. Mr. Smith of Worth moved to amend the amendment by striking out the word ' 'twen- ty, ' ' and inserting the word ' 'fifteen. ' ' Mr. Bush accepted Mr. Smith's amend- ment. On motion of Mr. Owens, the resolution, as thus amended, was adopted. On motion of Mr. Davis of Nodaway, the Convention adjourned until half-past 2 o'clock, P. M. 85 AFTERNOON SESSION. Convention met pursuant to adjournment, tlie President in the chair. The resolution offered by Mr. Bonham, relative to g^ranting leave of absence to mem- bers, was called up, and, on motion of Mr. Owens, was laid on the table. Mr. Nbwgext presented a petition from citizens of Jackson county, relative to dis- loyal office-holders, which Was read for information, and, 6n motion of Mr. Bush, referred to the Committee on the Judicial Department. On. motion of Mr. Newgbnt, the Conven- tion took up, the article on Militia, as re- ported back from the Engrossing Committee . Mr. J^KEKKL offered the following as a substitute for the article on Militia: Section 1. All able-bodied male inhabi- tants of this State, between the ages of eighteen and forty-flve years, who are citi- zens of the United States, or have declared their intention to become citizens of the 'United States, shall be liable to military duty in the militia of this State, and there shall be no exemption from such duty, except such persons as the General Assembly may, by law, exempt. Sec. 2. The militia shall be divided into two classes. The first class shall consist of those between the ages of eighteen and twenty -five years, and the second of those between the ages of twenty-five and forty- five years. The General Assembly shall, by law, provide for the organization of the militia, and for the paying of the same, when called into actual service; but there shall be no officers appointed above the'grade of brigadier general; nor shaU they exceed eight in number. Sec. 3. A Military Board of Examiners shall be appointed by the Governor, by and with the consent of the Senate, and no com- mission shall be issued to any militia officer unless having first passed the examination of such Boai'd. Mr. Dkakb offered the following amend- ment of the substitute , which was read and accepted by Mr. Krekel: Strike out, in section first, all after the word "except," and insert in lieu thereof the following: "Persons laboring under mental disabdity, and such persons as the General Assembly may, by law, exempt. ' ' Mr. Steong offered the following amend- ment to section first: Strike out the words ' 'civil officers, ' ' and insert the word "persons. ' ' Which was accepted by Mr. Krekel. On motion of Mr. Owens, the rule requir- ing the bill to be engrossed was suspended, and the bill passed to its third reading. Mr. Peck offered the foU owing amend- ment: Strike out all down to the words ' ' General A-ssembly. ' ' Which, on motion, was rejected. On motion of Mr. Owens, the substitute for the MUitia bill , offered by Mr. Krekel, as amended, was adopted, and referred to the Committee on Revision. Mr. HOLOOMB asked leave of absence for Mr. Meyer, for two days, which was granted. On motion of Mr. Owens, the Convention adj ourned until half-past 9 o ' clock to-morrow morning. THIRTY-SEOON^D D^Y. Convention met pursuant to adjournment, • the President in the chair. Mr. Evans moved to reconsider the vote by which Mr. Bush's amendment to the . Declaration of Rights was rejected. Mr. Drake moved to lay the motion on the table, and demanded the ayes and noes thereon. Mr. Owens moved a call of the house, which being ordered, the following members esponded to their names : TUESDAY, Febeuaey 14th, 1S65. Messrs. Bedford, Bonham, Budd, Chil- dress, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Esther, Evans, Folmsbee, Foster, Fulkerson, Gilbert ot Lawrence, Gilbert of Platte, Green, Holcomb, Holds- worth, Holland, Hughes, Hume, Husmann, King, McKernan, McPherson, Martin, Mitonell, Morton, Newgent, Nixdorf Owens, Peck, Rankin, Rohrer, St. Gem, Smith of Mercer, Strong, Swearingen, Thilenius, Weatherby, Williams of Caldwell, and Mr. President— 43. ■ Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Fletcher, 86 Gamble, Gilstrap, Grammer, Harris, and Meyer — 10. Absent without Leave — Messrs. Bush, Clover, D'Oench, Filley, Leonard, Linton, Sutton, Switzler, and Williams of Scotland — 9. Sick — Messrs. Henderson, Mack, and Smith of Worth— 3. On motion of Mr. Hughes, further pro- ceedings under the call of the house were dispensed with. Mr. Dkake withdrew his motion to lay the motion of Mr. Evans on the table; and thereupon Mi-. Evans withdrew his motion to reconsider the vote by which the amend- ment of Mr. Bush was rejected. On motion of Mr. Husmann, the special order of the day, being the Declaration of Rights as amended by the Committee of the Whole, was taken up. Mr. Husmann offered the following amend- ment: Amend section first, first line, by striking out the words ' 'equally free, ' ' and inserting in lieu thereof the words "personally free, but that in the exercise of their political and reUgious rights they shall be classed accord- ing to color and religion. ' ' Mr. Owens moved to amend the amend- ment, by striking out the words "andreli- gfious;" which was rejected. Mr. Hughes offered the following amend- ment: Amend section nine by inserting after the word "testifyirig," in the fourth line, the words "or serving as juror. ' ' Mr. Peck moved to amend by adding to the amendment, ' 'provided said person be- lieve in the existence of a God ; ' ' which was rejected. The question then being on the amend- ment offered by Mr. Hughes, Mr. Williams of Caldwell demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Bush, Clover, Dodson, D'Oench, Drake, Evans, Foster, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Green, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, McKernan, McPherson, Morton, ISIewgent, Mxdorf, Rohrer, St. Gem, Thilenius, Williams of Caldwell, Williams of Scotland, and Mi-. President— 28. Noes— Messrs. Budd, Childress, Cowden, >Davis of Nodaway, Ellis, Esther, Folmsbee, King, Linton, Martin, Mitchell, Peck, Ran- kin, Smith of Mercer, Strong, andSwearin- gen — 16. Absent — Messrs. Adams, Barr, Bedford, Bonham, Bunoe, Davis of New Madrid, Filley, Fletcher, Gamble, Gilstrap, Gram- mer, Hai-ris, Leonard, Meyer, Owens, Sut- ton, Switzler, and Weatherby — 18. Sick — Messrs. Henderson, Mack, and Smith of Worth— 3. So the amendment was agreed to. Mr. GiLBEKT of Lawrence ofltered the fol- lowing amendment: Amend section nine by striking out all after the word ' ' State, ' ' in the seventh line, to the end. Mr. Mitchell offered the following amendment, which was decided out of or- der: Amend section nine, lines seven and eight, by striking out the words ' ' or infringe the laws ot morality. ' ' Mr. Green offered the following as a sub- stitute for the amendment of Mr. Gilbert of Lawrence, which was accepted by Mr. Gil- bert: ^ Amend section nine, line seven, by insert- ing after the word "of " the words ' 'society or," and strike out all that follows after "State." The question then being upon the amend- ment offered by Mr. Gilbert of Lawrence, Mr. Green demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes— Messrs. Bedford, Bush, D'Oench, Foster, Gilbert of Lawrence, Gilbert of Platte, Green, Holcomb, Hughes, Hus- mann, Linton, McKernan, Martin, Mitchell, Morton, Nixdorf, Owens, Kohrer, St. Gem, Thilenius, and Williams of Caldwell — 21. Noes — Messrs. Childress, Clover, Cow- den, Davis of Nodaway, Dodson, Drake, EUis, Esther, Evans, Fletcher, Folmsbee, Fulkerson, Holdsworth, Holland, Hume, King, McPherson, Newgent, Peck, Rankin, Smith of Mercer, Strong, Swearingen, Wil- liams of Scotland, and Mr. President — 25. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gam- ble, Gilstrap, Grammer, Harris, Meyer, and Sutton — 10. Absent without Leave — ^Messrs. Budd, Filley, Leonard, and Switzler— 4. Sick— Messrs. Bonham, Henderson, Mack, Smith of Worth, and -Weatherby— 5. So the amendment was rejected. Mr. Green offered the following^amend- ment: Amend section first by striking out the words in the first and second lines, ' 'created equally free, and are. " On motion of Mr. Bedford, the Conven- tion adjourned until half-past 2 o'clock P.M. 87 AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The pending amendment offered by Mr. Green was taken up; on which Mr. Drake demanded tlie ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Bedford, Bush, Clover, Oowden, Esther, Foster, Gilbert of Platte, Green, Holcomb, Holland, Hughes, Leon- ard, McKernan, Mitchell, Morton, Nixdorf, Owens, Strong, Switzler, ThUenlus, and Mr. President— -21 . Noes — ^Messrs. Bonham, Budd, Childress, Davis of Nodaway, Dodson, Draice, Evans, Folmsbee, Pulkerson, Gilbert of Lawrence, Holdsworth, Hume, Husmann, King, Mc- Pherson, Newgent, Eankin, St. Gem, Smith of Mercer, Swearingen, Williams of Caldwell, and Williams of Scotland— 22. Absent with Leave — ^Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gam- ble, Gilstrap, Grammer, Harris, Meyer, Martin, Peck, and Sutton— 12. Absent without Leave — ^Messrs. D'Oench, Ellis, Filley, Fletcher, Linton, and Eohrer — 6. Sick — ^Messrs. Henderson, Mack, Smith of Worth, and Weatherby — i. So the amendment was rejected. Mr. Drake moved to suspend the rule which requires a majority of two-thirds, to enable him to offer an additional rule, which motion was agreed to. Mr. Drake offered the following additional rule, which was read: That any amendment to any proposition may be laid on the table by vote, without taking the proposition with it. Mr. Budd offered the following as a substitute for the rule proposed by Mr. Drake, which was read, and accepted by Mr. Drake: When a motion is made to lay on the table an amendment of any original proposition, or to amend a pjSnding amendment, and such motion to lay da the table shall prevail, it shall not have the effect of laying the original proposition, or the pending amendment, on the table. On motion, this rule was adopted. Mr. Clover offered the following amend- ment: Amend by inserting the words "of vicin- age" after the word "jury," in the fifth line of the eighteenth section. Which was adopted. Mr. Husmann offei-ed the following amend- ment, which, on motion of Mr. Drake, was laid on the table : Amend section one, first line, by striking out the last syllable of the word ' 'equally, ' ' and also the word "free," after that syl- lable. Mr. Drake moved to reconsider the vote of last Saturday on the motion made by him to amend the ninth section, by striking out the words "or infringe the laws of morality, ' ' and inserting, in Ueu thereof, the words "or ofiend against public morals. ' ' Mr. Strong moved to lay the motion to reconsider on the table, and demanded the ayes and noes thereon, which being taken, the vote stood as follows : Ayes — Messrs. Bonham, Dodson, Folms- bee, Leonard, McPherson, Morton, Peck, Eankin, Smith of Mercer, Strong, Switzler, and Williams of Scotland — 12. Noes — Messrs. Bedford, Budd, Bush, Childress, Clover, Cowden, Davis of Noda- way, D'Oench, Drake, Esther, Evans, Fos- ter, Fulkerson, Gilbert of Lawrence, Gil- bert of Platte, Green, Holcomb, Holds- worth, Holland, Hughes, Hume, Husmann, King, Linton, McKernan, Martin, Mitchell, Newgent, Nixdorf, Owens, Eohrer, St. Gem, Swearingen, Thilenius, WUliams of Caldwell, and Mr. Presideni^36. Absent with Leave— Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gam- ble, Gilstrap, Grammer, Harris, Meyer, and Sutton— 10. Absent without Leave — ^Messrs. Ellis, Filley, and Fletcher— 3. Sick — Messrs. Henderson. Mack, Smith of Worth, and Weatherby — i. So the motion to lay on the table was re- jected. The question then being on Mr. Drake's motion to reconsider, Mr. Drake demanded the ayes and noes thereon, which being taken, the vote stood as follows: Ayes — Messrs. Bedford, Budd, Bush, Chil- dress, Clover, D'Oench, Drake, Esther, Evans, Foster, Fulkerson, Gilbert of Law- rence, Gilbert of Platte, Green, Holcomb, Holdsworth, Holland, Hume, Husmann, King, Linton, McKernan, McPherson, Mar- tin, Mitchell, Morton, Newgent, Nixdorf, Owens, Eohrer, St. Gem, Switzler, Thile- nius, Williams of CaldweU, and Mr. Presi- dent — 35. Nays — Messrs. Bonham, Davis of Noda- way, Dodson, Folmsbee, Leonard, Peck, Eaiikin, Smith of Mercer, Strong, Swearin- gen, and Williams of Scotland— 11. Absent, with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gamble, Gilstrap, Grammer, Harris, Meyer, and Sutton— 10. Absent without LsAVE-^Messrs. Cow- den, Ellis, FiUey, Fletcher, and Hughes— 5. Sick— Messrs. Henderson, Mack, Smith of Worth, and Weatherby — 4. So the motion to reconsider prevailed. 88 The question then recurred upon the mo- tion of Mr. Draios to amend the ninth section, by striking out the words ' ' or infrhige the laws of morality, ' ' and insert in lieu thereof, the words ' ' or offend against public morals. " On which, Mr. Kkekel dehianded the ayes and noes, which being taken, the vote stood as follows : Ayes— Messrs. Bedford, Budd, Bush, Clover, D'Oench, Drake, Ellis, Evans, Fos- ter, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Green, Holcomb, Holland, Hume, Husmaun, King, Linton, McKernan, Mc- Pherson, Martin, Mitchell, Morton, New- gent, Nixdorf, Owens, Kohrer, St. Gem, Strong, Switzler, Thilenius, 'Williams of Caldwell, and Mr. Presiden1^34. Noes — Messrs. Bonham,' Childress, Davis of Nodaway, Dodson, Esther, Filley, Folms- bee, Holdsworth, Leonard, Peck, Eankin, Smith of Mercer, Sweariugen, and Williams of Scotland— 14. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of NewMadi-id, Gamble, Gilstrap, Grammer, Harris, Meyer, and Sutton — 10. Absent without Leave — Messrs. Cow- den, Fletcher, and Hughes — 3. Sick ^Messrs. Henderson, Mack, Smith of Worth, and Weatherby — 4. So the amendment was adopted. Mr. Owens moved that the vote just taken be reconsidered; and also moved that the motion to reconsider be laid on the table, which latter motion was agrepd to. Mr. Strong moved to amend section twenty-fifth by striking out all after the word ' 'comfort' ' in the second line, and demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes— Messrs. Bonham, Budd, Bush, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Filley, Folmsbee, Fullferson. Gilbert of Lawrence, Green, Holdsworth, Holland, Husmann, King, Leonard, McKernan, Mc- Pherson, Martin, Mitchell, Newgent, Nix- dorf, Peck, Eunkin, Eohrer, St. Gem, Smith of Mercei', Strong, Svvearingen, Wil- liams of Caldwell, and ' Williams of Soot- land— 33. ' Noes — Messrs. Bedford, Childress, Cow- den, Esther, Evans, Foster, Gilbert of Platte, Hughes, Hume, Linton, Morton, Owens, Switzler, Thilenius, and Mr. Presi- dent^l5. Absent with Leave- Messrs. Adams, Barr, Bunoe, Davis of New Madrid, Gam- ble, Gilstrap, Grammer, Harris, Meyer, and Sutton — 10. Absent without Leave — Messrs. Clover, Fletcher, and Holcomb — 3. Sick— Messrs. Henderson, Maek, Smith of Worth, and Weatherby — 4. So the amendment was adopted. Mr. Bonham moved that the vote just taken be reconsidered ; and also moved that the motion to reconsider be laid on the table, which latter motion was agreed to. Mr. Bush offered the following amend- ment: Amend section twenty-first by adding thereto the words, "nor shall the punishment of death be inflicted. ' ' Mr. Smith of Mercer moved to lay the amendment offered by Mr. Bush on the table. Mr. Bush demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — ^Messrs. Davis of Nodaway, Dod- son, Drake, Ellis, Esther, Evans, Folmsbee, Fulkerson, Holdsworth, Holland, Hume, Linton, McPherson, Martin. Newgent, Peck, Rankin, Smith of Mercer, Swearingen, Switz- ler— 20. Nobs — ^Messrs. Bedford, Bonham, Bush, Childress, Clover, Cowden, D'Oench, Fos- ter, Gilbert of Lawrence, Gilbert of Platte, Green, Hughes, Husmann, King, McKer- nan, Mitchell, Morton, Nixdorf, Owens, Eohrer, St. Gem, Strong, Thilenius, Wil- liams of Scotland, and Mr. President — 25. Absent with Leave— Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gamble. Gilstrap, Grammer, Harris, Meyer, and Sutton— 10. Absent without Leave — Messrs. Budd, Filley, Fletcher, Holcomb, Leonard, and Williams of Caldwell — 6. Sick — Messrs. Henderson, Mack, Smith of Worth, and Weatherby — 4. So the motion to lay on the table was re- jected. The question then being on the adoption of the amendment offered by Mr. Bush, Mr. Bush demanded the ayes and noes, and the vote being taken, stood as follows: Ayes- Messrs. Bedford, Bush, Clover, Cowden, D'Oench, Foster, Green, Hughes, Husmann, Martin, Nixdorf, Owens, Eohrer, Thilenius, and Mr. President — 15. Noes— Messrs. Bonham, Childress, Davis of Nodaway, Dodson, Drake, Ellis, Esther, Evans, Folmsbee,, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Holcomb, Holdsworth, Holland, Hume, King', Leon- ard, Linton, McKernan, McPherson, Morton, Mitchell, Newgent, Peck, Eankin, St. Gem, Smith of Mercer, Strong, Swearingen, Switzler, and Williams of Scotland— 32. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gam- ble, Gilstrap, Grammer, Harris, Meyer, and Sutton — 10. Absent without Leave— Messrs. Budd, Filley, Fletcher, and Williams of Cald- well—^. Sick— Messrs. Henderson, Mack, Smith of Worth, and Weatherby— 4. So the amendment was rejected. Mr. BoNHAM moved that the article on Declaration of Eights be ordered to be engrossed for a third reading . Pending which, Mr. Bush offered the fol- lowing amendment: Amend by striking out sections twelve and thirteen . Pending which, Mr. Clover moved to adjourn; on which motion, Mr. Holland demanded the ayes and noes, which being taken, the vote stood as follows: Aybs— Messrs. Bedford, Childress, Clo- ver, Cowden, Ellis, Esther, Folmsbee, Fos- ter, Gilbert of Lawrence, Gilbert of Platte, Holcomb, Hume, Leonard, McKernan, Martin, Morton, Nixdorf, Owens, Peck, Rankin, Eohrer, Smith of Mercer, Strong, and Williams of Scotland— 24. Noes — Messrs. Bonljam, Bush, Davis of Nodaway, Dodsou, D'Oench, Drake, Evans, Fiilkorsoii, Green, Holdsworth, Holland, Hughes, Husniann, King, Linton, McPher- son, Mitchell, Newgeut, St. Gem, Swear- ingen, Tiiileniiis, and Mi- . Presiden(^22. Absent with Leave— Messrs. Adams; Barr, Bunce, Davis of New Madrid, Gam- ble, Gilstrap, Grammer, Harris, Meyer, and Sutton — 10. Absent without Leave— Messrs. Budd, Filley, Fletcher, Switzler, and Williams ol Caldwell— 5. Sick— Messrs. Henderson, Mack, Smith of Worth, and Weatherby— i. So the inotion to adjourn was agreed to; and the Convention adjourned until half- past 9 o'clock to-morrow morning. THIRTY-THIRD JDAJY. Convention met pursuant to adjournment, the President in the chair. Prayer by Eev. Mr. Cole. Mr. Drake oJBtered the following resolu- tion: Resolved, That the people of Missouri, in authorizing, by a majority of more than thirty thousand votes,' the holding of this Conventioia, and in electing the members thereof, in our opinion, intended and ex- pected not only that slavery should be abol- ished and disloyalists disfranchised, but that the Constitution of this State, framed nearly forty-flve years ago, for a slave State of less than seventy thousand inhabitants, should be carefully revised and amended, so as to adapt it to a free State of more than a mil- lion of inhabitants; and that such revision, amendment, and adaptation should be made in such manner as to the people's repre- sentatives here assembled should seem expedient. liesolved, That we will proceed, as rap- idly as may be consistent with due delibera- tion and proper care for the public good, to perform, in all its parts, the duty devolved upon us, confident that the people wiU not complain of the time occupied therein, and trusting that our work, when completed, will vindicate itself before them. Mr. Foster oifered the following as a substitute for the resolutions of Mr. Drake : Resolved, That the loyal people of Missouri, in the opinion of this Conventioii, did not. WEDNESDAY, February 15th, 1865. at the election, and do not now, expect or desire us to revise or remodel the whole Constitution of the State; but, on the con- trary, to adopt amendments on the subject of emancipation, and the disfranchisement of rebels, and such others as the public good demand, and adjourn. Mr. Bush offered the follovring as a sub- stitute for the proposition of Mr. Foster, which Mr. Foster accepted: Resolved, That the proceedings and debates of this Convention, during the past five weeks, have satisfied a majority of its members that this Convention should not attempt to amend the present old Constitution, except by such amendments as have become absolutely necessary: 1st, by changing this State from a slave State into a free State; and further. 2d, to protect the purity of the ballot-box- and lastly, such other amendments about which there is scai-cely any diversity of opinion among us ; and that we should refrain from all amendments about which this Convention is almost equally divided, and for which this time of war is by no means propitious. Mr. Bush moved to lay the original pro- position and substitute on the table; on which motion Mr. Drake demanded the ayes and noes. On motion of Mr. Bonham, the Conven- tion adjourned imtU half-past 2 o'clock P.M. 90 ATTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The ayes and noes having been demanded on the motion to lay on the table the reso- lutions of Mr. Drake and the substitute of Mr. Foster, the vote being taken, stood as follows : Ayes — ^Messrs. Bush, Clover, D'Oeneh, Ellis, Esther, Fletcher, Foster, Gilbert of Platte, Holcomb. Holland, Husmann, Leon- ard, iiinton, Martin, Morton, Newgent, Nixdorf, Rohrer, St. Gem, Switzler, Thile- nius, Weatherby, Williams of Caldwell, and Mr. President — 24. Noes — ^Messrs. Bonham, Budd, Childress, Cowden,Davis of Nodaway, Dodson, Drake, Evans, Filley, Folmsbee, Fulkerson, Gil- bert of Lawrence, Henderson, Holdsworth, Hughes, Hume, King, McKernan, McPher- son, Owens, Peck, Smith of Mercer, Smith of Worth, Strong, Swearingen, and Williams of Scotland— 26. Absent with Lbavb — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gam- ble, GUstrap, Grammer, Harris, Meyer, and Sutton— 10. Absent without Leave— Mr. Green — 1. Sick— Messrs. Bedford, Mack, Mitchell, and Rankin — i. So the motion to lay on the table was re- jected. The question then being on adopting the substitute Offered by Mr. Foster, Mr. Drake demanded the ayes and noes thereon, which being taken, the vote stood as follows : Ayes — Messrs. Bush, D'Oenoh, Foster, Gilbert of Platte, Holland, Husmann, Lin- ton, Martin, Morton, Nixdorf, Owens, St. Gem, Switzler, and Thilenius — 14. Noes— Messrs. Bonham, Budd, Childress, Clover, Cowden, Davis of Nodaway, Dod- son, Drake, Esther, Evans, Fillev, Fletcher, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holcomb, Holdsworth, Hughes, Hume, King, Leonard, McKernan, McPher- son, Newgent, Peck, Smith of Mercer, Smith of Worth, Strong, Swearingen, Weatherby, Williams of Caldwell, WiUiams of Scotland, and Mr. President — 34. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gamble, Gilstrap, Grammer, Harris, Meyer, and Sut- ton— 10. Absent without Leave- Messrs. EUis, Green, and Rohrer — 3. Sick— Messrs. Bedford, Mack, Mitchell, and Rankin — 4. So the substitute was rejected. The question then being on the adoption of Mr. Drake's resolutions, Mr. Owens moved their indefinite postponement; on which motion Mr. Dkakb demanded the ayes and noes, which being taken, the vote stood as follows : Ayes — Messrs. _ Bush, D'Oeneh, Foster, Gilbert of Platte, Holcomb, HuSmann, Lin- ton, Martin, Morton, Newgent, Nixdorf, Owens, St. Gem, Switzler, Thilenius, Weath- erby, Williams of Caldwell, and Mr. Presi- den^-18. Noes — ^Messrs. Bonham, Budd, Childress, Clover, Cowden, Davis of Nodaway, Dod- son, Drake, Esther, Evans, Filley, Fletcher, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hughes, - Hume, King, Leonard, McKernan, Mc- Pherson, Peck, Smith of Mercer, Smith of Worth, Strong, Swearingen, and WiUiams of Scotland— 30. Absent with Leave — Messrs. Adams, Bunce, Davis of New Madrid, Gamble, Gil- strap, Grammer, Harris, Meyer, and Sut- ton— 10. Absent without Leave — Messrs. EUis, Green, and Rohrer — 3. Sick — ^Messrs. Bedford, Mack, Mitchell, and Rankin — 4. So the motion to postpone indefinitely was rejected. The question then being on the adoption of Mr. Drake's resolution, Mr. Folmsbeb demanded the ayes and noes thereon, which being taken, the vote stood as foUows: Ayes— Messrs. Bonham, Budd, Childress, Clover, Cowden, Davis of Nodaway, Dod- son, Drake, Esther, Evans, FUlej^, Pletcher, Folmsbee, Fulkerson, GUbert of Lawrence, Henderson, Holdsworth, Hughes, Hume King, Leonard, McKernan, McPherson, Peck, Smith of Mercer, Smith of Worth, Strong, Swearingen, andWUliams of Soot- land— 29. Noes — Messrs. Bush, D'Oeneh, Foster, GUbert of Platte, Holcomb, HoUand, Hus- mann, Linton, Martin, Morton, Newgent, Nixdorf, Owens, St. Gem, Switzler, Thi- lenius, Weatherby, Williams of CaldweU, and Mr. President — 19. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Gamble, Gilstrap, Grammer, Hai'ris, Meyer, and Sutton- 10. Absent without Leave — Messrs. EUis, Green, and Rohrer — 3. Sick- Messrs. Bedford, Mack, MitcheU, and Rankin — 4. So the resolutions were adopted. The motion of Mr. Bonham, relative to the article on Declaration of Rights, being referred to the Engrossing Committee, pre- paratory to a third reading, was caUed up, and the motion was agreed to. Mr. Budd moved to adjom-u, which mo- tion was disagreed to. On motion of Mr. Owens, the Convention resolved itself into a Committee of the 91 Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President re- sumed the chair, and Mr. Holdsworth reported-that the Committee had, according to order, had under consideration amend- ments to the Constitution, and particularly the article on the Legislative Department, but had come to no resolution thereon. Mr. Gkekn offered the following substi- tute for the article on Elections and Qualifi- cations of Voters, Officers, and others, with a request that it be printed and made the special order for Friday next: Elections, Qualifications of Voters, and others. Section 1. After the adoption of this Constitution, all general elections shall be held biennially, commencins: on the Tuesday after the first Monday in November, A. D. 1866, and every two years thereafter, on Tuesday, before the drst Monday of the same month: Provided, The General Assem- bly may, by law, prescribe a different day. Sec. 2. Every white male citizen of the United States (except idiots, insane per- sons, and such as are disqualified in the third section of this article for disloyal practices and sympathies ) , who shall have attained to the age of twenty-one years, been a resident of this State one year, and of the county in Which he offers to vote" two months, next before an election, shall be entitled to be registered, and to vote at all elections. Sec. 3. Persons who, since the day of A. D. 186 , shall have voluntarily engaged in war, rebellion, insurrection, or war-Uke array (or who, since said day, shall have voluntarily adhered to, openly sympathized with, or in any way aided, abetted, or encouraged others so engaged) against the military forces or loyal people of the United States, or of the State of Missouri, and persons who, after having voted at any election, shall have claimed protection of any foreign government, to secure exemp- tion from any military draft, or from ser- vice in the militia forces of this State, are hereby disqualified to vote, hold oflSce, serve on juries, teach in public schools, serve as judges or clerks of any election, or as an employe of any corporation in this State: Provided, however. That any such person who, after having committed the offenses aforesaid, shall have enlisted as a volunteer in the military service of the United States , or of this State, and served one year or more, and been thereafter honorably dis- charged. Is hereby relieved against the dis- abilities hereinabove imposed. , Sec. 4. All elections shall be by ballot, and continue one day only, except that the votes of qualified electors, absent in the military service of the United States, or of this State, shall be taken in any manner, on any day or days within twenty days before any election day, and returned in any time and manner, as the General Assembly may, by law, prescribe. Sec. B. The General Assembly shall have power to exclude from the privileges of an elector, or other privilege, any person who may have been convictea of bribery, perjury or other infamous crime. Sec. 6. Electors, during attendance at elections, and in going to and returning therefrom, shall be privileged from arrest, in all cases except treason, felony, or breach of the neace. Sec. v. No person in the military, naval, or marine service of the United States, shall, by being st«ftioned in anjr gai'rison, military or naval station within this State, be consid- ered a resident of this State. Sec. 8. For the purpose of preserving in purity the elective franchise to the loyal peo- ple, and of carrying into effect the provisions of this article of the Constitution, it shall be the duty of the General Assembly, before the next general election, to enact a uniform registration law, with such safeguards as will secure the registration of the qualified electors in every county, protect the ballot- box to loyal voters, and exclude therefrom the persons disqualified in section three of this article: Provided, That until such law shall have been enacted, elections may be con- ducted and returns made as now provided by law. Sec. 9. After the first day of December, A. D. 1870, it shall be in the power of the General Assembly to provide, by law, for the admission to the pnvileges of an elector, such male persons of African descent (and no others ) as were residents of this State on the 11th day of December, 1865, or as may there- after have been born in this State, with such reasonable qualifications as they may, by law, prescribed: Provided, That any such law as the said General Assembly may thereaftei^ enact for the purpose aforesaid, before it shall take effect, or be in force, shall, at the next general election after its enactment, be submitted to a vote of the qualified electors, and be by them ratified by a majority vote. Sec. 10. ItshaUbe the duty of the Gen- eral Assembly, in addition to a registration law, to pass all such laws as may be found necessary to enforce the provisions of the several sections of this article, and especially the disqualifications imposed in the third section . Sec. 11. years after the restoration of peace between the Government of the United States and the States now in rebel- lion, the General Assembly shall have power to declare, by law, the tlurd section of this article, in whole or in part, inoperative and void, with such discriminations as they may, by law, provide. Sec. 12. Before any person shall hold any position, as an officer, or employe in any corporation, vote at any election, hold any office of honor, profit, or trust, sei-ve as a 92 juror, judge, or clerk of any election, or teach in any public school in this State, he shall take and subscribe to the following constitutional oath : I, A. B., do solemnly swear (or affii-m) that since the — day of , IS — , I have never, voluntarily, engaged in war, rebellion, insurrection, or warlike ari-ay (nor have I since said day ever, voUintarily, adhered to, openly syinpatliized with, or in any way aided, abetted or encouraged others so engaged,) against the military forces or the loyal people of the United States, or of the State of Missouri; nor have I, since said day, having voted at any election, ever claimed the protection of any foreign gov- ernment, to secure exemption from any military draft, or from service in the militia forces of this State. But since that day I have, at all times, faithfully adhered to my allegiance to the Government of the United States, and of the State of Missouri; I wiU support, defend and prdteet the Constitutioin of the United States, and of this State, against all enemies or opposers, so help me God. On motion of Mr. Drake, the usual num- ber of copies of Mr. Green's substitute were ordered to be printed. Mr. Williams of Caldwell moved that a committee of one from each Congressional District be appointed, to which shall be referred that part of the article on Legis- lative Department which relates to the ratios of representation, which motion was agreed to. On motion of Mr. Dkakb, the Convention adjom-ned until half-past 9 o 'clock to-morrow morning. THIRTY-FOURTH D^Y. Convention met pursuant to adjournment, the President in the chair. Messrs. Gkeen and Eoheek excused them- selves for being absent without leave, yester- day afternoon, on account of important per- sonal business. On motion, they were excused. Messrs. Bedfoed and Mitchell stated that sickness caused their absence yesterday afternoon, and they were so recorded. The President announced the following- gentlemen as the Committee on the Appor- tionment of Representatives, in accordance with the motion of Mr. WiUiams of Cald- well, on yesterday : First Congressional District — George P. Strong. Second Congressional District ■ — Isidor Bush. Third Congressional District — A. M. Mc- Phe^son. Fourth Congressional District — A. Gilbert of Lawrence. Fifth Congressional District — W. S. Hol- land. Sixth Congressional District — J. Williams, Chairman of Committee. Seventh Congressional District — D. Bon- ham. Eighth Congressional District — M. P . Green. THURSDAY, February 16th, 1865. Ninth Congressional District — J. H. Holds- worth. Mr. Williams of Caldwell, Chairman of the Committee on Apportionment of Repre- sentatives, presented the following report: Your Committee, to whom was referred the subject of apportionment of members of the House of Representatives, would respect- fully report that they have unanimously agreed upon the following basis of represen- tation, and recommend its adoption: Section 2. The House of Representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, apportioned in the follow- ing manner, viz: The ratio of representation shall be ascertained at each apportioning ses- sion of the General Assembly by dividing the whole number of permanent inhabitants of the State by two hundred. Each county having one ration or less shall be entitled to one representative; each county having tliree times said ratio shall be entitled to two repre- sentatives; each county having six times said ratio shall be entitled to three repre- sentatives; and so on above that number, giving one additional member for every three additional ratios. On motion, the report was received and ordered to be referred to the Committee of the Whole. Mr. Williams of CaldweU asked leave of 93 absence for Mr. Ellis, in consequence of sick- ness in his family, which was granted. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole to resume the cousiderationof amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Budd reported that the com- mittee had, according to order, had under consideration amendments to the Constitu- tion, and particularly the article on the Legislative Department, but had come to no resolution thereon. Mr. HasMANN asked leave of absence for five days for Mr. Thilenius, on account of sickness in his family, which was granted. Mr. Peck asked leave of absence for him- self for five days, on account of sickness in his family, which was granted. On motion of Mr. Bonham, the Conven- tion adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr . Krekbl presented a petition from loyal citizens of the counties of Montgomery, Pike, Audrain, and Lincoln, praying the forma- tion of a new county from parts of said counties; which was read for information, and, on motion, referred to the Committee on Miscellaneous Provisions. Mr. Clover ofl'ered the foUowiiig resolu- tion: Resolved^ That the Committee on the Ju- diciary be insti'ucted to report forthwith an ordinance providing for the vacating of such civil offices as may be necessary to protect tlie loyal people of the State, and to har- monize the working of the State Govern- ment, and likewise to protect citizens from injury and harassment from prosecutions for acts done by them in support of the Gov- ei-nment in the existing rebellion . i Mr. Williams of Caldwell moved the adoption of the resolution. Mr. Drake moved to amend the resolution as follows : Strike out aU after the word ' 'ordinance' ' and insert in lieu thereof the following: ' ' Debarring jurisdiction to the courts of this State of any criminal prosecution against any person for any act by him done under military orders or authority since the first day of January, 1861." Mr. PoLMSBBE moved that the resolution and amendment be referred to a committee of nine members — one from each Congres- sio)ial District — whose duty it shall be to ascertain and report at the earliest moment the number of officers which should be re- moved ill consequence of disloyalty, or being in sympathy with the rebellion. Mr. Folmsbbe withdrew his motion. Mr. Mack moved that the Convention adjourn, which motion was rejected. Mi-.' Drake withdrew his amendment to the resolution of Mr. Clover. The question then being upon the adoption of the resolution of Mr. Clover, Mr. Drake demanded the ayes aud noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Bonham, Bush, Clover, Davis of Nodaway, Dodsou, D'Oench, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of liawrence, Green, Henderspn, Holdsworthj Holland, Husmann, King, McKernan, McPherson, Mitchell, Newgent, Nixdorf, Eohrer, St. Gem, Smith of Worth, Swearingen, Thilenius, Williams of Cald- well, Wniiams of Scotland, and Mr. Presi- dent— 30. Noes — Messrs. Childress, Cowden, Drake, Esther, Gilbert of Platte, Harris, Holcomb, Hughes, Hume, Mack, Morton, Smith of Mercer, and Sutton — 13. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilstrap, Grammer, and Peck — 8. Absent wiTHonx Leave — Messrs. Bed- ford, Budd, Evans, Filley, Leonard, Lin- ton, Martin, Owens, Strong, Switzler, and Weatherbj' — 11 . Sick — Messrs. Fletcher, Meyer, and Ran- kin— 3. So the resolution was adopted. On motion of Mr. Davis of Nodaway, the Convention adjourned until half-past 9 o'clock to-morrow morning. 94 thirty-fifth: d^y. FRIDAY, February 17tli, 1865. Convention met pursuant to adjournment, the President in tlie chair. Prayer by Kev. Mr. McKendrick. On motion of Mr. Dkakb, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Martin reported that the committee had, according to order, had under con- sideration amendments to the Constitution, and particularly the article on the Legis- lative Department, but had come to no resolution thereon. On motion of Mr. Strong, the Conven- tion adjourned untU half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Drake asked leave of absence for Mr. Martin till the 1st of March, which was granted. Mr. Martin presented a petition from the "loyal citizens of Montgomery county, pray- ing for some measm-e of relief for losses suffered at the hands of rebels and bush- whackers. The petition was read for informa- tion, and referred to the Committee on Miscellaneous Provisions. Mr. Foster presented two petitions oji thte same subject, which were read, and referred to the Committee on Miscellaneous Pro- visions. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President re- sumed the chair, and Mr. Smith of Mercer reported that the committee had, according to order, had under consideration amend- ments to the Constitution, and particularly the article on the Legislative Department, but had come to no resolution thereon. Mr. Owens requested leave to record his vote on the resolution offered by Mr. Clover yesterday. Leave was granted, and he had his vote i-ecorded in the negative. Mr. Strong asked the same privilege. Leave was granted, and he had his vote recorded in the affirmative. On Emotion of Mr. Folmsbee, the Conven- tion adjourned until half-past 9 o'clock to-morrow morning. THIRTY-SIXTH D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Dr. Eliot. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Bedford reported that the committee had, according to order, had under consid- eration amendments to the Constitution, and SATURDAY, February 18th, 1865. particularly the article on the Legislative Department, but had come to no resolution thereon. Mr. Smith of Mercer, Chairman of the Committee on the Loyalty of Members, pre- sented the following report: The Committee on Loyalty of Members have instructed me to report that no evidence of disloyalty on the part of any member has been produced to them, except in the case of Mr. Thomas B. Harris, of Callaway county. Having carefuUy weighed the en- 95 denoe against hira , and having listened with patience and consideration to his defense, your committee are of the opinion that Mr. Harris is disloyal, and not entitled to a seat on this floor. The committee do therefore recommend that Mr. Harris be forthwith expelled from this body. K. a. SMITH, Chairman. On motion of Mr. Drake, the report and accompanying papers were recommitted to the select committee, with instructions to receive any additional evidence which ^. Harris may desire to present. The President caused to be read an invita- tion from the Union Merchants' Exchange of St. Louis, to the members of the Con- vention, to attend a dinner on Tuesday evening next. On motion of Mr. Budd, the invitation was accepted . On motion of Mr. Foster, the Convention adjourned till Monday morning next, at half-past 9 o'clock. THIRTY-SEVENTH 3D.AY. Convention met pursuant to adjournment, the Vice President in the chair. Prayer by Rev. Mr, Paige. Mr. Budd submitted the following memo- rial, to be presented to the Congress of the United States, asking the construction of the Southwest Branch of the Pacific Rail- road as a military necessity ; which was read for information, and, on motion of Mr. Bon- ham, referred to the Committee on Internal Improvements : Memorial to the Congress of the United States, asking the construction of the Southwest Branch of the Pacific Railroad, as a military necessity . By an act of Congress, entitled "An act granting the right of way to the State of Missouri, and a portion of the public laud, to aid in the construction of certain rail- roads in said State," approved June 10th_, 1852, this State obtained one mllUon of acres of the public lands, to aid in the construction of a railroad from St. Louis to the western border of the State, and these lands were ap- propriated by the State to construct said road , by applying them to the building of the road from St. Louis to Franklin, and thence, by what is called the Southwest Branch of the Pacific, to the western border of the State. One hundred and thirteen miles have been built, but their means becoming exhausted, and being unable to sell the lands at such prices as they should command, they have not been able to command the means to make any further progress. Could the road be completed through these lands, it is believed that the lands would very nearly pay the cost of construction, and if constructed, it would be of great advantage to the Govern- ment of the United States, m a military point MONDAY, February 20th, 1865. of view, and would save to the Government much money in the cost of transportation. Your memorialists will further report, that the southwestern portion of our State has been devastated every year since the rebellion began; that its inhabitants have been murdered, and driven from their homes and lands; that this portion of the State is now the property, in part, of helpless widows and orphans of murdered Union men; that the State has had, in a^ great measure, to relieve it from taxation, and that anything Congress should do for this, portion of Missouri, would be serving the' best interests of the Government, and t&ing care of the widows and orphans of those brave and good men who have given up their lives for their country. The neart sickens in contemplating the ruthless destruction that has been visited on this portion of our people — the monuments of chimneys, left to point where was once the happy home of a tlnion family, and the wails; the effect of persecution and suffering, which come up to us from this quarter of the State, should, in the judgment of your memorialists, command from the Government its every effort to give them some relief. The con- struction of this road would soon render this portion of the State again safe to live in. It would advance the value of the lands of the widows and orphans, who have now no homes, and they might be able to sell a por- tion of their property to rebuild their burnt houses, and purchase farming utensils and stock. We believe, if the Government would build the road on condition the lands granted should be ceded back to the United States, that alter the road was built the sales of the lands would go far toward reimbursing the Government, and would, perhaps, wholly pay the cost of construction. 96 lu view of all the circumstances, we earn- estly urge the Government to construct this road, and that the legisliition required to construct it may be had at this session of Congress. Mr. Gilbert of Platte ji resented a re- monstrance from citizens of Platte county, ag^ainst the removal of the county seat of said county; which, on motion of Mr. Ga- ^BBRT, was read for information, and re- ferred to the Committee on the Judicial Department. Mr. MoETON asked leave of absence for Mr. Gilbert of Platte during this week, which was granted. Mr. Smith of Worth offered the following article on Jurisprudence, which was read the first and second time, and referred to the Committee on the Judicial Department. ABTICLE — . Jurisprudence . Section 1. The General Assembly, at its first session, shall provide for the appoint- ment of three commissioners, and prescribe their tenure of office, compensation, and the mode of filling vacancies in said commis- sion. Sec. 2. The said commissioners shall re- vise, reform, simplify, and abridge the practice, pleadings, forms, and proceedings of the courts of record of this State, and, as far as practicable and expedient, shall provide for ~~the abolition of the distinct forms of action at law, now in use, and for the administration of justice by a uniform mode of proceeding, without reference to any distinction betweeen law and equity. Sec. 3. The proceedings of the commis- sioners shall, from time to time, be reported to the General Assembly, and be subject to the action of that body. Mr. Holland moved that a committee of five be appointed, to whom shall be referred the thirteenth and fourteenth sections of the act for the organization and government of the Missouri militia, passed by tlie General Assembly at its present session. After debate, Mr. Holland vyithdrew his motion. On motion of Mr. Dkake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution . After some time spent therein, the President resumed the chair, and Mr. Davis of Nodaway re- ported that the committee had, according to order, had under consideration amendments to the Constitution, and paricularly the article on the Legislative Department, but had come to no resolution thereon. The President caused to be read a com- munication from the Governor ot DelaVare, relating to the amendment to the United States Constitution prohibiting slavery in the United States, which was read for in- formation, and, on motion, laid on the table. On motion of Mr. Davis of Nodaway, the Convention adjourned imtil half-past 2 o'clock P. M. -^ AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chaii'. Mr. Williams ot Caldwell oifered the fol- lowing resolution, and moved that it be re- ferred to a special committee : Resolved, That when this Convention ad- journs this day, it shall stand adjourned till Friday next at half-past 9 o'clock a. m., when it shall meet in the Hall of Eepresenta- tives at the city of Jefferson. Mr. Gkbbn offered the following amend- ment to said resolution: Amend by striking out "Friday next," and inserting, in lieu thereof, "the first Wednesday in AprU next. ' ' Mr. Wbatheeby moved that the commit- tee report at 5 o'clock p. m. , this day. Mr. WEAiPHEEBy withdrew his motion. Mr. St. Gem moved that the committee report on Wednesday morning next at 10 o'clock, which motion was rejected. Mr. Williams of Caldwell moved that the committee consist of five members. ' Mr. HusMANN moved the committee be in- creased to nine, which was accepted by Mr. Williams of Caldwell, and on motion, the resolution was adopted. The President appointed the following gentlemen as such committee : Messrs. Williams of CaldweU, Drake, Green, New- gent, St. Gem, Mack, Bedford, Morton, and Husmann. On motion of Mr.' Holland, the Conven- tion resolved itself into a Committee of the AVhole to resume the consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Folmsbee reported that the committee had, according to order, had under consideration amendments to the Con- 97 stitution, and particularly the ai'tiele on the Legislative Department, but had come to no resolution thereon. Mr. Clover, Chairman of the Committee on the Judicial Department, submitted the following report, accompanied by an ordi- nance providing for the removal of certain officers : The Committee on the Judiciary Depart- ment of the Government, to whom was re- ferred the resolution instructing the commit- tee t6 I'eport an ordinance providing for the vacating of such ciyU offices as may Be neces- sary to protect the loyal people of the State, and to harmonize the working of the State Government, and likewise to protect citizens from injury and harassment from prosecu- tiou for acts done by them in support of the (Government in the existing rebellion, re-; spectfnlly report the accompanying ordi- nance. The committee deem themselves at liberty to preface the ordinance which they report in obedience to the instructions given them, with some remarks in explanation and state- ment of the reasons which have led them to the conclusion at which they have arrived. The resolution of instruction embraces, it win be seen , two distinct and independent positions: first, the vacating of certain civil offices of the State; and second, the protec- tion of citizens from injury and harassment, from prosecutions for acts done by them in the support of the Government in the exist- ing rebelhon. As the two propositions are embraced in a single resolution, so have the committee thought fit to embrace the two subjects in a siiigle ordinance, not deeming it well to \ propose two ordinances when one could accomplish both objects, or desiring to over- load the work of the Convention with repeated instances of distinct constitutional action where the same Was not, in the opinion of the committee, absolutely neces- gary. The resolution of instruction does not de- clare what, or what number, of civil offices of the State, in the opinion of the Conven- tion, it is necessary to vacate, in order to protect the loyal people of the State and to harmonize the working of the State Govern- ment: wherefore, the committee are left to exercise their own best judgment in the mat- ter, and to report theii' views in the premises, leaving it to the Convention to adopt, in whole or in part, the report of the commit- tee, or indeed to wholly reject the same. Two ideas are potently presented in the resolution upon this subject, namely, the protection of tne loyal people of the State, and harmony m the Iworking of the State Government, after the very fundamental and extensive changes in our governmental ! system, which were undoubtedly to be pro- i duced by the action of the Convention . Two matters the Convention is unquestionably caUed upon to perform, viz: the emancipa- tion of the slaves in the State, and the prs- servation in purity of the elective franchise to the loyal citizens ; and the two other mat- ters of protection to the loyal people of the State, and harmony in the working of the State government, ought, in the opinion of the committee, and it appears likewise of the Convention, to follow upon these. If the Judicial Department of the State Government, throughout and in detail, be not in unison and harmony with the execu- tive and legislative departments, then, in the opinion of the committee, the working of the social system will be harsh, discordant and indeed incapable of efficient and beneficial result — and thereby likewise may foUow in- justice, oppression and wrong to the citizens of the State. It may not be improper or useless for this committee to prefer the statement of the fact, that this State has undergone for the past four years, and is still undergoing, the most terrible social and political revolution, and .^he action of this Convention is not to be measured and regulated by the standard of ordinary and normal times. Our State is in an abnoimal condition, produced not by its friends and supporters, but by those who would seek its ruin and destruction ; where- fore, are we to be governed by the rules of conduct and legislation which should pre- vail in ordinary times ? In consideration of this condition of things in the State, and without entering into a detail of them, the committee is ot opinion that, to harmonize the working of the State Government m all its departments, it is necessary to vacate throughout, and in detail, all the judicial offices in the State. The committee see fit to point then- views in this respect with illusfration. The Con- vention has already enacted an ordinance emancipating slaves in the State. Should the Judicial Department of the State Government be held at liberty to impeach the entire lawfulness of this act of the Convention ?. Property in man exists, and has always heretofore been recognized in the State, and if rightfully existing at one time, may always rightfully exist. The Convention, or the majority of the people, have no right or lawful authority to deprive a citizen of property without com- pensation, not even pretended to be taken for public use. The right or authority so to do is denied in the very natm-e of the social contract. Upon this jjlea the lawfulness of this act of the Convention may be denied by the judges. Should it be so permitted, if it can be prevented ? Again, the Convention has considered the measure of preserving in purity the elective franchise, and, in so doing, to disfranchise the rebel and rebel sympathizer. Shall the efl'ect of this measure be allowed to he frit- tered away by unfavorable and hostile con- struction and interpretation of term and phrase? 98 The committee had no difficulty, whatever in carrying tlieir views, as to the Vacating of offices, to the extent thus far indicated. They have felt warranted by such considers^ tions as these, as well as by the general idea of securing jirotection to the loyal people of the State, through this the chief safeguard of the rights and liberties of the people, to re- port in favor of a general vacating of all judicial offices in the State, and the filling of them anew. The committee are well aware that a large propol-tion of the administrators of the law throughout the State are earnest, determined and loyal men, fitted, in every respect of the times and the places, for the harmonious uniting in the conduct of the State Govern- ment at the present time; and they would have been glad to be able to make distinction in the operation of their report, but this they have been unable to do . The committee, however, have gone fur- ther,; and their reported ordinance makes provision for the vacating, likewise, of the offices of the clerks of the several courts of record in the State. The justification and the necessity of this provision, are, in the opinion of your committee, to be found in the fact that the election for clerks of the different courts occurred at a date generally prior to the outbreak of the present rebellion, and when the issue of lo3falty or disloyalty on the part of the incumbents of those offices could.not be made: and especially and par- 'ticularly in the further fact that, in the cases of not a few of the incumbents of those offices, they are generally, and indeed universally, regarded t)y all loyal men, in any degree acquainted with their character, as indisputa- bly hostile to the Government in its present crisis. If this be so, and the committee be- lieve it to be so, wJhat an extraordinary and unjustifiable state of things is thereby shown . That it should be endm-ed seems passing strange — that a man , an enemy to his coun- try, and wishing and seeking its destruction, .actively so, should be allowed to draw profit irom and grow rich upon the income of a public office, the revenues of which are de- rived from taxes paid by loyal men. The committee are nappy to believe, in- 'deed to know, that these remarks can apply to l)ut few of the class of men named. The jnere fact, however, that some such cases as .are mentioned do exist, constitutes, in the opinion of the committee, full justification for their action. The committee, however, in the progress' of their ivork, have here arrived at a point where they have felt the greatest difficulty existed; that is to say,, in the matter whether the vacating of the civil offices should extend further than they have already declared, and upon this point tliere exists diversity of opinion among them, which can only be settled by the action of the Convention itself. Upon the most careful and anxious consider- ation the undersigned members of the Com- mittee have been able to give the subject, it is not, in their opinion, wise to extend the provisions of this ordinance further than to the offices they have named in their report, the incumbents of which are so intimately connected with the 'administration of the Judiciary Department of the Government. The committee feel, with its full force, the suggestion which has been made bj^ members of the Convention, that in some instances, in particular parts of the State, disloyal men were elected by the people, as recently as November last, to fill the very important office of sheriff, as well as other offices in some of the counties. And the committee incline to the opinion that such may have beeii the case, for if a single county elected to the General Assembly a member whom that loyal body has thought fit, as we sup- pose, upon competent and full proof, to declare disloyal and unfitted for membership in a loyal body of men, it would seem to them to warrant the belief that the same result may have been produced in the cases of other persons occupying other offices ; and the committee have likewise felt the force of the other suggestion, that loyal dis- tricts have not needed, and do not need, protection in this way; that it is the, loyal citizens in the disloyal districts — fortunately, it is true, .at the present time but few in the State — who can specially claim the exertion of our preroga,tive for their benefit and pro- tection. ' While the committee would have been will- ing to attempt a remedy for this condition of things, if entirely practicable, yet, as clearly, in their opinion j this could not be done without applying it as a general rule to all of the classes "of offices referred to, and as the evil is of a partial and temporary char- acter, existent only for a limited period — and with the opportunity, as the committee sip- cerely hope, oifered the people aggrieved, themselves to remedy the unfortunate state of things at the liext occurring election, be- yond the possibility of the same evil recur- ring, and this thyough the efficient working of the new Constitution, in the disfranchizing of rebels and rebel sympathizers— the com- mittee have concluded to here stop. It is not to be denied that the ordinance reported by this committee is liable to the objection, 'that thereby an extraordinary amount of patronage and power is lodged in the hands of a single citizen oi the State, in the fact that all the offices proposed to be vacated are to be filled by the appointment of the Executive. The committtee have considered this mat- ter with, the seriousness which it requires, and with the distrust which thev naturally feel in vesting any one man with'so great a power, and the dislike they entei'tain of depriving the people, in the smallest degree or for a limited time, of the right, which they unquestionably possess, of being per- mitted to choose their own servants and magistrates. But the committee have felt that it would be entirely impracticable to fill the offices which, in their opinion, it is necessaiy to vacate, in order to protect the ' 99 loyal people and in order to hai-monize the working of the State government, by popu- lar elections, at the present time. And in the matter of the filling of the vacancies so created, the committee have notjelt them- selves at liberty to doubt that the Executive, in the filling of them, will feel himself in all instances bound to recognize and to ratify the voice of the people in all loyal districts, and as to aU loyal men, as it shall be clearly manifested and declared unto him. Upon this subject they can entertain no doubt whatever. • Finally, upon this point, while the com- mittee feel that the change in the entire judi- cial system of the State, as proposed, is of a most striking and radical character, undoubt- edly not to be done in ordinary times upon such consideration^ as are stated in this their report, and not to be tolerated under the idea of performance for mere partisan pur- poses, yet, in view of the grave character of tlie measui-e, and fully regarding the condi- tion of our State, the new' system of funda- m^ital law upon which, as a people, we are entering, the great and sudden change from the old to the nev^r, and likewise believing that a decent respect for the opinions of the whole ' political community should be ob- served, they ai-e of opinion that the course which they have recommended will be justi- fied by candid opinion, not only in the present time, but with posterity. The committee now come to the considera- tion of the second subject embraced in the resolution of instruction, to-wit: the pro- tection of citizens from injury and harass- ment from prosecutions for acts done by them in the support of the Government in orduring the present rebellion. Upon this subject, so important and interesting in its nature, the committee ha.ve entertained no difficulty whatever. As before remarked, the unexampled na- ture and condition of affairs which have pre- vailed in the State since the rebellion, and are now existing, in the opinion of the com- mittee, leads to the necessity and points to the wisdom of the action which they have recommended. Not only has civil war actively raged in the State, between the citizens thereof, but martial law, for a time nearly coexistent with that war, has been imposed and en- forced upon us by a superior jurisdiction to our own — that of the Government of the United States. The committee apprehend that no loyal man has questioned the lawfulness, if such a term may be used in such connection', of this condition of aflfairs, however much all may be disposed to regret the necessity of its beino- instituted and enforced, or continued. If tins condition of afi'airs— the prevalence of martial lave — ^has produced inconvenience and detriment, and, it may be, particular cases of oppression and wrong, on the other hand, it, cannot be denied that it also has produced the most beneficial and salutary results. That it has been the means ^ in a large degree, of preserving peace, order, and quiet through- out the State; that it is, this very day and hour, promoting the peace and safety of the citizen, the almost unanimous vote of this Convention, had but a few days ago, pro- testing against its abrogation, witnesses and attests. • And what is this law, called martial law? The Convention knows that it is the abroga- tion of the civil law, and the substitution therefor of siniply the will of the military commander. Disguise it as we may, this is the simple and true definition of the law denominated martial. This power, since its institution in this State, has suppressed newspapers; has stopped, as weU as regu- lated commercial intercourse; has seized property; has punished, by its own law, the citizen; has controlled the courts; has forbidden the institution or prosecution of suits, has imprisoned the person of the suitor, has instructed the judge; has en- tered houses; has taken household furniture, has sold the same, has made title thereto, has appropriated the proceeds thereof— not the property of citizens actually engaged in war, but of those who were simply disloyal and disaffected; has levied assessments, col- lected monies, imprisoned, banished, and put do death. All this is utterly incompati- ble with the ordinary and usual workings of civil government. This has been done and is being done in palpable and direct violation of the plainest principles of the Constitution which we, are amending, and which principles we are re- taining in oui- new work. It has been done, not through the medium of courts of justice, not through the intervention of a jury, not by the iudgment of the peer, not by the law of the land, but in the opinion of the com- mittee it has been necessarily done. This condition of affairs has been brought about by no fault of the loyal people of the State. The exercise of martial law, therefore, is utterly subversive of civil law, wherever the two come in conflict. It is true that civil organism has been permitted and encouraged in this State wherever it could be safely done, but in portions thereof, to this hour, there exists no law worth mentioning the name of, except the law military. The committee deeply regret this condition of thingS, and trust that the hour is not far distant when we may be safely restored to a better condi- tion of things ; but it is only a few montlis since our State was traversed from the south- eastern border to its western line by a host of invading foes. And the question recurs, shall aU the matters which the committee have spoken of be drawn into controversy and adjudica- tion by the civil or criminal courts of the land now, or when martial law shall in the future be abrogated and annulled ? In the opinion of the committee it would not be the part of wisdom to have this be. The officer of the United States Govern- ment, acting in willful and wanton violation of his duty to the Government and to the 100 citizen, should unquestionably meet with speedy and proper punishment for his offense, and if he can not be reached by the civil law, ought to be punished by that Government, not only in the way of penalty for the offense, but redress likewise to the injured individual . In all times of peace, and even of war, where practicable, the military should be held subordinate to the civil authorities, and the committee are anxdous to assert that for acts of wanton and willful violation of private rights neither the citizen or soldier can be exempt under the plea of justification by military necessity. The committee ti-ust that the cases are but lew, indeed, where such qualities of acts can be shown to exist, but in the large class of acts done without any justification or sanction of law whatever; but, nevertheless, in the emergency of the times, rightfully done, these acts, in the opinion of the committee, can not, will not be permitted to and should not be drawn into adjudication according to the principles of civil law by the civil courts. Upon what safe principle can the judge of a civil court decide upon the quality of such acts? He can only declare the law, and seeing no legal justification or excuse, he can only pronounce the judgment of the law. He can not make the law and say what, in his opinion, the law should be in a giyen state of facts. He can not say that a man ought to be justified, excused, or indemni- fied, and exonerated by reason of a just motive and a good result to the State, how- ever detrimental to the individual aftected. The committee make reference to the highest authority in speaking of indemnity to the individual for damages sustained by him in a war, as declaring the general riile governing such cases. Says vattel, in treating of the question whether the State be bound to indemnify individuals for the damages they have sus- tained in war: "The damages are of two kinds, those done by the State itself, or the sovereign, and those done by the enemy. Of the first kind, some are done deliberately, and by way of precaution, as, when afield, a house, a garden, belonging to, a private person, is taken for the purpose of erecting on the spot a town rampart, or any other piece of forti- fication; or when his standing corn are de- stroyed, to prevent their being of use to the enemy. Such damages are to be made good to the individual, who shall bear only his quota of the loss. But there are other damages, caused by the artillery, in retaking a town from an enemy. These are merely accidents ; tliey are misfortunes which chance deals out to the proprietors on whom they happen to fall. The sovereign, indeed, ought to show an equitable regard for the sunerers, if the situation of his affairs will admit of it, but no action lies against the State for misfortunes of this nature, for losses which she has occasioned, not will- fully, but through necessity, and by mere accident, in the exertion of her rights. The same may be said of damages caused by the enemy. All the subjects are exposed to such damages, and woe to him on whom they fall. The members pf a society may weU encounter such risk of property, since they encounter a similar risk of life itself. ' ' Modified as this law should be by regard to the circumstances of modern warfare, the condition of things prevailing, especially in civil war, the character of the coimtry and the people, the committee deem all such acts as they have spoken of, as coming within the general rule of acts authoritatively' done by the State in the exercise of her rights, to the maintenance of her existence as a sovereign and integral nation . And the principle asserted by the committee is thought to be a safe one, when it is regarded that war hath its rules of action, as hath peace. The committee likewise refer to the fact that the action recommended by them in this particular finds support in the action taken by our progenitors in the troublous times existing at the period of our revolutionary history. It may gratify the curiosity as well as instrucfthe minds of legislators at the present day, to reproduce, from the musty folios of the past, the work of legislation on this subject as performed by our ancestors, and particularly by the then good people of the good old commonwealth frequently styled the ' 'Old Dominion. ' ' On a very cursory examination , the com- mittee are enabled to produce the following enactments of the General Assembly of Vir- ginia, and doubt not that a more extended examination of the statutes of the several States composing the original thirteen, in their revolutionary existence, vrill afford very numerous instances of this kind and measure of legislation : ^ " An act for indemnifying the Governor, and Coi'neil, and others, for removing and confin- ing suspected persons during the late public danger. Whbeeas, On the late appearance of a hostile fieet in the Bay of Chesapeake, a large body ,of militia were collected and arrayed; and to prevent the dangerous con- sequences which might have been produced by a communication of intelligence to the enemy, it became necessary for the Governor and Council, for the public safetv, to remove and restrain, during the imminence of the danger, at a distance from the posts and encampments of the said militia, and from other places near the posts and harbors of this Coriimonwealth, certain persons whose affections to the American cause were sus- pected, and more especially such as had refused to give assurance of fidelity and allegiance to the Commonwealth, according to the act of the Assembly for that purpose made and provided; and it may happen that some of the said persons so removed and restrained may be disposed to vex with actions at law those who were concerned in - 101 g advising:. Issuing or executing the orders for that purpose: ' '£e it therefore enacted by the General Assembly, That the Governor, members of the Council, and/ all others concerned in advising, issuing or executing the said orders for the removal or restraint of such persons, stand indemnified and clearly exon- erated from all actions, suits and damages on account thereof, and that if any action or suit should be brought by or on behalf of any person so removed or restrained, for the recovery of damages for such removal or restraint, against any person or persons so indemnified, the defendant or defendants may plead the general issue, and give this act in evidence." — Oa;). vi of acts of the General Assembly of Virginia, Anno. 1777. ' ' An aet to indemnify certain persons in sup- pressing a conspiracy against this State. "1. Whereas, Divers evil disposed per- sons, in the year one thousand seven hun- dred and eighty, formed a conspiracy, and did actually attempt to levy war against this commonwealth; and it is represented to the resent General Assembly that William 'reston, Robert Adams, junior, James Cal- laway and Charles Lynch, and other faithful citizens, aided by detachments of volunteers from different parts of the State, did, by timel;y and effectual measures, suppress such conspiracy : and, whereas, the measures taken for that purpose may not be strictly warranted by law, although justifiable from , the imminence of the danger : "II. Beit therefore enacted, That the said William Preston, Robert Adams, junior, James Callaway and Charles Lynch, and all other persons whatsoever concerned in sup- pressing the said conspiracy, or in advising, issuing, or executing any orders or measures taken for that purpose, stand indemnified and exonerated of and from all pains, penal- ties, prosecutions, actions, suits and damages on account thereof; and that if any in- dictment, prosecution, action or suit shall be laid or brought against them, or any of them, for any act or thing done tlierein, the defendant or defendants may plead in bar, or the general issue, and give this act in evi- dence . " — Gap. XV of acts of the General As- sembly of Virginia, Anno. 1782. The committee report the following ordi- nance. CLOVER, for the Committee. AIJ OEDINANCB PROVIDING FOR THE VACATING OP CEKTAIN CIVIL OFFICES IN THE STATE, FILLING THE SAME ANEW, AND PROTECTING THE CITIZENS FROM INJURY AND HARASS- MENT. Be it ordained by the People of the State of Mis- souri, in Convention assembled, as follows: Section 1 . That the offices of the judges of the supreme court, circuit courts', county courts, and all special courts of record in the State, and of the clerks of all said courts, and of all county recorders, and of circuit attorneys and their assistants, be and the same are hereby vacated on the day of , 1865, and the Governor of the State is hereby empowered and directed to fill all said offices, so vacated, by his appointment; and the persons so by him appointed to fill said offices respectively, shall hold the said offices in the same manner, and with the same authority, and to the same extent, as the respective incumbents of said offices at the present time are by law authorized to do; and the said persons when so appointed shall hold the offices to which they may be ap- pointed for the term and period, and under the same conditions and qualifications, as the present incumbents of said offices now re- spectively hold and enjoy the same. Sec. 2. No court or officer in this State shall take or retain cogTiizance of any civil action, or criminal proceeding against any person for, or on account of, aiiy act by him done, performed or executed, after the first day of January, one thousand eight hundred and sixtj--one, by virtue of military authority vested m him by the Government of the United States, or that of this State, to do such act, or in pursuance of orders received by him or them from any person vested with such authority, and if any action or proceed- ing be brought or instituted against any person for the doing of any such act, the defendant may pleadin bar thereof, and give this ordinance in evidence. On motion of Mr. Drake, the report was received, and Mr. Drake moved that five hundred copies of the report be printed in pamphlet form, and two hundred copies of the accompanying ordinance be printed in the usual form. Mr. BoNHAM moved to amend by inserting "two thousand" copies of the report, in- stead of ' ' five hundred, ' ' which was ac- cepted by Mr. Drake. The motion, as amended, was agreed to. Mr. Hughes moved that the ordinance presented by Mr. Clover be made the special order of the day for Monday next. Mr. Strong moved that it be made the special order for Wednesday next. The question being upon the longest time (Monday), Mr. Hdsmann demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Bedford, Clover, Cowden, Davis of Nodaway, Drake, Esther, Filley, Folmsbee, Gilbert of Platte, Harris, Hughes, Hume, King, Leonard, Linton, Mack, Mitchell, Rankin, Smith of Mercer, Switzler, Williams of Scotland, and Mr. President —22. Noes — Messrs. Bonham, Bush, Childress, Dodson, D'Oench, Fletcher, Foster, Gam- ble, Gilbert of Lawrence, Green, Hender- son, Holdsworth, Holland, Husmann, Mc- Keman, McPherson, Morton, Newgent, 102 Nixdorf, Rohrer, St. Gem, Smith of Worth, Strong Sutton, Swearingen, Weatherby, and Williams of OaldweU— 27. Absent with Leave— Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Fulkerson, Grammer, Martin, Owens, Peck, and Thilenius — 11. Absent without Leave — Messrs. Budd, Evans, Gilstrap, and Holcomb— 4. Sick — Mr. Meyer — 1. So the motion was rejected. Mr. Stkong's motion, that the ordinance be made the special order for Wednesday next, was then adopted. Mr. Mack, Chairman of the Committee on Internal Improvements, presented the fol- lowing report on the memorial to Congress of the United States, asldng the oonsti-ucr tion of the Southwest Branch of the Pacific railroad, as a military necessity: Your committee beg leave to report that they have had said memorial under consid- eration, and recommend the adoption of the same by this Convention. On motion of Mr. Bonham, the report was received and adopted. On motion of Mr. Green, the Convention adjourned until half-past 9 o'clock to-mor- row morning. THIRTY-EiaHTH D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Eev. Dr. Nelson. Mr. Williams of Caldwell, chairman of the special committee appointed yesterday, on the proposition to remove the sitting of the Convention to Jefferson City, made the following report: The committee to whom was referred the resolution on adjourning to Jefferson City, and the amendment moving a recess of thirty days, report that they have had the matter under consideration, and a majority of said committee respectfully report adversely to the resolution and the amendment, believing that the interest of the people of this State, and the objects for which this Convention was called, will be best attained by remain- f ing in steady session at our present place of meeting. All of which is respectfully submitted. Mr. BoNHAM offered the following resolu- tion: Resolved, That Mr. St. Gem be expelled from this Convention, for inciting persons to enter the hall of this Convention, and, Cromwell-like, dissolve this Convention. Mr. Rohrer moved to lay Mr. Bonham's resolution on the table. On which motion, Mr. Drake demanded the ayes and noes. Mr. EoHKBR withdrew, temporarily, his motion to lay Mr. Bonham's resolution on the table. TUESDAY, Febbuakt 21st, 1865. After debate, Mr. Eoheer renewed his motion to lay on the table. On the motion to lay the resolution on the table, the ayes and noes were , demanded, and the vote being taken, stood as follows: Ayes — Messrs. Bedford, Bush, Cowden, Dodson, D'Oench, Evans, Fletcher, Foster, Gilstrap, Green, Henderson, Holcomb, Hughes, Husmann, King, Linton, McKer- uan, McPherson, Morton, Newgent, Nix- dorf, Rohrer, Switzler, and Williams of Caldwell— 24. Noes — Messrs. Bonham, Budd, Childress, Clover, Davis of Nodaway, Drake, Esther, Pilley. Folmsbee, Fulkerson, Gamble, Gil- bert of Lawrence, Harris, Holdsworth, Hol- land, Hume, Mack, Mitchell, Peck, Ranldn, Smith of Worth, Strong, Sutton, Swearin- gen, Weatherby, and Mr. President— 26. Absent with IiBave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Grammer, Martin, Owens, and Thilenius — 10. Absent without Leave — Messrs. Leon- ard, Smith of Mercer, and Williams of Scot- land— 3. Excused from Voting— Mr. St. Gem— 1. Sick — Mr. Meyer — 1. So the resolution was not laid on the table. Mr. Bush moved to refer the resolution to the Committee of the Whole. Pending which, Mr. Drake offered the following as a substitute for Mr. Bonham's resolution, which was accepted by Mr. Bon- ham: 103 Whereas, In a report contained in the Daily Missouri Democrat of the 20th inst., there appeared what purports to be an ac- count of a public meeting held at Turner Hall, in the city of St. Louis, on the 18th inst., in which account there is what pur- ports to be a report of a part of a speech made by Gustavus St. Gem, a member of tliis body, in the foUowinar wotds : " I do not believe that they (the Convention) will dare to refuse to submit that Constitution, or at least those portions thereof that were not discussed befoi'e the people at the recent general election— they wiU not refuse to submit those portions to the voice of the people; but it the whole Constitution should be submitted in such an obnoxious form, they may cause the whole thing to be de- feated, and defeat the measures that the people of Missouri cheerfully voted for at the recent election— the emancipation of the slaves, and the disfranchisement of traitors and their sympathizers. Therefore, 1 do rejoice to see that your demonstration is so vigorous here tornight, and I am informed that your petition is of such a magnitude that you can walk up to the hall of that Convention like the barons of old, axiA force upon that Convention to submit to proper measures, as those barons did upon King John of England. And if they don't do it, 1 hope that there will be a spirit that will have the force of a Cromwell, and walk up in those halls and dissolve thai long Parliament ;" and whereas, the said Gustavus St. Gem has, on the floor of this Convention, admitted that he did, on that occasion, use the words aforesaid: Resolved, That the said Gustavus St. Gem, for the use of said words at said meeting, deserves the censure of this body. Mr. Clover moved that the resolution be referred to a select committee of five. Mr. Foster offered the following as a substitute for the preamble and resolution of Mr. Drake: Resolved, That the explanation of Mr. St. Gem — to the effect that he used the words •'in a Cromwell- like manner," and other words of like character, at the meeting in Turner Hall on Saturday night last, as ex- pressive of moral force— be accepted as satisfactory by this Convention. Mr. Holland demanded the previous question; on which, Mr. DkakiS demanded ■the ayes and noes, and the vote being taken, stood as follows : A.yES— Messrs. Bedford, Bonham, Budd, Bush, Childress, Clover. Cowden, Davis of Nodaway, Dodson, D'Oench, Drake, 'Es- ther, Evans, FiUey, Fletcher, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Law- rence, Gilstrap, Green, Harris, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Linton, MoKer- nan, McPherson, Mack, Mitchell, Morton, Newgent, Nixdorf, Peck, Rankin, Rohrer,' Smith of Worth, Strong, Sutton, Sweai-In- gen, Switzler, Weatherby, Williams of Cald- well, WilUams of Scotland, and Mr. Presi- dentr^51. Noes — None. Absent with Leave-— Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Grammer, Martin, Owens, and Thilenius — 10.. Absent without Leave-— Messrs. Leon- ard and Smith of Mercer — 2. Sick — Mr. Meyer — 1. BxcDSBD from Voting — Mr. St Gem — 1. So the previous question was sustained. The question then being on Mr. Clover's motion to refer the resolution of censure to a select committee of five,' Mr. Drake de- manded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes- Messrs. Budd, Childress, Clover, Cowden, Davis of Nodaway, Dodsdu, Evans, Filley, Fletcher, Folmsbee, Fulkerson, Gam- ble, Gilbert of Lawrence, Gilsti-ap, Green, Harris, Henderson, Holdsworth, Holland, Hughes, Hume, liing, McPherson, Mack, Mitchell, Morton, Newgent, Peck, Rankin, Smith of Worth, Strong, Swearingen, Weath- erby, Williams of Caldwell, and Mr. Presi- dent-35. Nobs — ^Messrs. Bedford, Bonham, Bush, D'Oench, Drake, Esther, Foster, Holcomb, Husmann, Linton, McKernan, Nixdorf, Rohrer, Switzler, and Williams of Scotland —9. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Grammer, Martin, Owens, and Thilenius —9. Absent without Leave — Messsrs. Leon- ard, Smith of Mercer, and Sutton— 3. Excused— Mr. St. Gem — 1. Sick— Mr. Meyer — 1. So the motion to refer the resolution to a select committee was adopted. The President appointed the following gentlemen as such committee : Messrs. Clover, Williams of CaldweU, Newgent, Foster, and Linton. | Mr. Budd, Chairman of the Engrossing Committee, reported that the article on the Declaration of Rights had been truly en- grossed, and submitted the same. Mr. Williams of Caldwell presented a protest and resolutions from citizens of St. Louis, upofe'the action of the Conven- tion, relative to the entire revision of the Constitution, which was received, read for information, and laid upon' the table. On motion of Mr. Bedford, the Con- vention adjourned untU half-past 2 o'clock P. M. 104 AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Williams of Caldwell asked leave of absence for one week, in consequence of sickness in his family. Leave was granted. Mr. FoLMSBEE moved to suspend the rules in order to take up the protest which was pre- sented this morning hy citizens of St. Louis. Mr. BoNHAM demanded the ayes and noes thereon; which being taken, the vote stood as follows : Ayes— Messrs. Bonham, Childress, Cow- den, Davis of Nodaway, Dodson, Drake, Evans, Folmsbee, fiilbert of Lawrence, ' Henderson, Holdsworth, Hume, Linton, McPherson, Mack, Mitchell, Peck, Smith of Mercer, Smith of Worth, Strong, Sutton, Weatherby, and Williams of Scotland— 23. Nobs— Messrs. Beclford, Clover, D'Oench, Esther, Foster, Fulkerson, Gamble, Gil- strap, Green, Holcomb, Holland, Husmann, King, McKernan, Morton, Newgent, Nix- dorORankin, St. Gem, Swearingen, Switz- ler, Williams of CaldweU, and Mr. Presi- dent— 23. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Graramer, Harris, Mar- tin, Owens, and Thilenius — 11. Absent without Leave — Messrs. Budd, Bush, Pilley, Fletcher, Hughes, Leonard, andHohrer — 7. Sick — Mr. Meyer — 1. So the motion to suspend was rejected. On motion of Mr. Drake, the article on Declaration of Rights, as reported back from the Engrossing Committee, was taken up and put upon its third reading. Mr. GiLSTKAP offered the following amend- ment : Amend by striking out the third section. On which Mr. Gilstrap demanded the ayes and noes. Mr. Bush offered the following as a substi- tute for the Declaration of Rights, reported by the Engrossing Committee, and moved that it be made the special order for next Monday : ARTICLE — . ^ _ Declaration of Rights. ( The amendmeats are printed in Italics. ) That the general, great, and essential principles of liberty and free government may J;be recognized and established, we declare : Section 1. That all political power is vested in, and derived from, the people. Sec. 2. That the people of this State have the inherent, sole, 'and exclusive right of regulatitig the internal government and police thereof; and of altering and abolish- ing their constitution and form of govern- ment whenever it may be necessary to their safety and happiness. Sec. 3. That this State shall ever remain a member of t^e American Union, and thai the people thereof are a part of the people of the United States ; that all attempts to dissolve said Union ought to be resisted with the whole power of the State ; that every citizen owes paramount allegiance to the constitution and govermnent of the United States ; that no law or ordinance in contravention or subversion thereof can have any binding force. Sec. 4. That the people have the right peaceably to assemble for their common good , and to apply to those vested with the powers of government for redress of griev- ances, by petition or remonstrance ;_and that their right to bear arms in defense of them- selves and of the State can not be questioned. Sec. 5. That all men have a natural and indefeasible right to worship Almighty God according to me dictates of their own con- sciences ; that no man can be compelled to erect, support, or attend any place of wor- ship, or to maintain any minister of the gospel or teacher of religion; but whatever contracts any person may enter into for any such object ought, in law, to be binding and capable oj enforcement, as other contracts ; that no numan authority can control or interfere vs-ith the rights of conscience; that no person can ever be hurt, molested, or restrained in his religious profession, or sentiments, if he do not disturb others in their religious worship . Sec. 6. That no person, on account of his religious opinions, can be rendered ineli- gible to any office of trust or profit under this State, nor be disqualified from testifying or serving as a juror ; that no preference can ever be given, by law, to any sect or mode of worship; and that no religious corpora- tion can ever be established in this State ; but provision m,ay he made by general laws for the incorporation of religious societies, so as to ena- ble them, through trustees of their own choosing, to acquire, hold or transfer such property, as may be required for church buildings, parsonages or burial grounds , and for no other purpose . Sec. 7. That aU elections shall be free and equal. Sec. 8. That courts of justice ought to be open to every person, and cei-tain remedy aitbrded for every injury to person, property, or character; and th.«it right and justice ought to be administered without sale, denial, or delay; and that no private pro- perty ought to be taken or applied to public use without just compensation. Sec. 9. That the right of trial by jury shall remain inviolate. Sec. 10. Thatui all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusations; to have compulsory process for witnesses in- his 105 favor; to meet the witnesses against him face to face; and, in prosecutions on pre- sentment or indictment, to a speedy trial by an impartial jury of the vicinage; that the accused can not be compelled to ^i\e evidence against himself; nor be deprived of life, liberty, or property, but bv the iudgment of his peers, or the law of the land. Sec . 11 . That no person , after havi ng been once acquitted by a jury, can, for the same offense, be again put in jeopardy of life or liberty; but ff in any criminal prosecution the jury be di^adeilin opinion, the court before which the trial shall be had may, in its discretion, discharge the jury, and com- mit or bail the accused for trial at the next term of such court. Sec. 12. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great ; and the privilege of the writ of habeas corpus can not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. Sec. 13. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Sec . 14. 7'hat there can not be in this State either slavery or irmoluntary servitude, except in punishment of crime, whereof the party shall have been duly convicted. Sec, 15. That no person can, on account of color, be disqualified as a witness, or be sub- jected, in law, to any other restraints or dis- qualifications in regard to any personal rights, than such as are laid upon others under like cir- cumstances . I , Sec. 16. That the people ought to be secure in their persons, papers, houses, and effects, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, can issue without describing the place to be searched, or the person or thing to be seized, as nearly as may be, nor without probable cause, sup- ported by oath or atflrmation. Sec. 17. That no person can, for an in- dictable offense, be proceeded against crimi- nally, by information, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or by leave of the court, for oppression or misdemeanor in office. Sec. 18. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid or comfort: that no person can be con- victed of treason unless on the testimony of two witnesses to the same overt act, or on Ills own confession in open court; that no person can be attainted of treason or felony by the General Assembly; that no conviction can work corruption of blood; that there can be no forfeiture of estate for any crime, except treason; t^at the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there ought to be no forfeiture by reason thereof Sec. 19. That the free communication of thoughts and opinions is one of the invalua- ble rights of man , and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libels, the truth thereof may be given in evidence, and the jury may 'determine the law and the facts, under the direction of the court. Sec. 20. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operations, can be passed; nor can the person of a debtor be imprisoned for debt, except for fines or penalties imposed for violation of law . Sec. 21. That all property, subject to taxation in this State , shall be taxed in pro- portion to its value. Sec. 22. Thatno title of nobility, heredi- tary emolument, privilege, or distinction, shall be granted . Sec. 23. That emigration from this State can not be prohibited. Sec. 24. That the militaiy is, and in aU cases and at all times', shall be, m strict subordination to the civil power; thatno soldier can, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war but in such manner as may be prescribed by law; nor can any appropriation for the support of any army be made for a longer period than two years. Mr. Drake moved that the substitute offered by Mr. Bush be laid on the table, and demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — ^Messrs. Bonham, Childress, Cow- den, Davis of Nodaway, Drake, Esther, Evans, Filley, FolmSbee, Fulkerson, Gam- ble, Henderson, Holdsworth, Hume, King, MoKernan, McPherson, Mack, . Mitchell, Newgent, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearin- gen, Weatherby, and Williams of Scotland —29. Noes— Messrs. Bedford, Bush, Dodson, D'Oench, Foster, Gilbert of Lawrence, Gil- strap, Green, Harris, Holcomb, Holland, Husmann, Linton, Morton, Mxdorf, Rohrer, St. Gem, and Mr. Presidents — 18. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, EUis, Gilbert of Platte, Grammer, Martin, Owens, Thilenius, and Williams of Caldwell— 11. Absent without Leave — ^Messrs. Budd, Clover, Fletcher, Hughes, Leonard, and Switzler — 6. Sick — ^Mr. Meyer— 1. So the motion to lay the substitute on the table was adopted. Mr. FoLMSBEE moved to reconsider the vote by which the substitute offered by Mr. Bush for the article on the Declaration of Rights was laid on the table, and also 106 moved to lay that motion ou the table, which latter motion was agreed to. .The question then being on the adoption of the amendment proposed by Mr. Gil- I strap, and the_ayes and noes having been demanded, and being taken, the vote, stood as follows : Ayes— Messrs. Bedford, Childress, Cow- den, Dodson, Esther, Gamble, Gilstrap, Harris, IVTack, Morton, and Sutton — 11. NoES^ — Messrs. Bonham, Bush, Davis of Nodaway, D'Oench, Drake, Evans, Filley, Polmsbee, Foster, Fulkerson, Gilbert of Lawrence, Green, Henderson, Holoomb, Holds worth, Holland, Hume, Husmann, King, Linton, McKernan, McPherson, Mitchell, Newgent, Nixdorf, Peck, Rankin, Eohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Swearingen, Weatherby, Williams ol Scotland, and Mr. President —36. Absent with Leave — ^Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Grammer, Martin, Owens, ThUenius, and Williams of Caldwell — 11. Absent without Leave — ^Messrs. Budd, Clover, Fletcher, Hughes, Leonard, and Switzler — 6. Sick— Mr. Meyer — 1. So the amendment was rejected. Mr. Gilstrap offered the following amend- ment: Amend the bill of rights by striking out of section first the words "equally free," and insert the words ' 'tree and equal. ' ' Pending which, Mr. Linton moved, as a substitute for the amendment offered by Mr. GUstrap, the following: Strike out the words "equally free, and are. " The question being on the substitute offered by Mr. Linton to the amendment of Mr. Gil- strap, Mr. Gilstrap demanded the ayes and noes, and the vote being taken, stood as fol- lows: Ayes— Messrs. Bush, Childress, Cowden, Dodson, D'Oench. Esther, Filley, Foster, Gamble, Gilsti-ap, Green, Harris, Itenderson, Holcomb, Holland, Husmann, King, Linton, McKej-uan, Mack. Morton, Newgent, Nix- dorf, Eankin, Rohrer, St. Gem, Smith of Worth, Strong, Swearingen, and Mr. Presi- dent^SO. Noes— Messrs. Bonham, Davis of Noda- way, Drake, Evans, Fletcher, Folmsbee, Fulkerson, Gilbert of Lawrence, Holdsworth, Hume, McPherson, Mitchell, Peck, Smith of Mercer, Sutton, and Williams of Scotland —16. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Grammer, Martin, Owens, Thilenius, and Williams of Caldwell — 11. Absent without Leave — Messrs. Bed- ford, Budd, Clover, Hughes, Leonard, Switz- ler, and Weatherby — 7. Sick — Mr. Meyer — 1. So the substitute was adopted. Mr. St. Gem offered the following amend- ment: Amend section ninth by striking out aU after the word "profession," in the sixth line. Mr. Holland moved to lay the amend- ment upon the table; on which motion Mr. St. Gem demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Bonham, Childress, Cow- den, Davis of Nodaway, Dodson, Drake, Esther, Filley, Folmsbee, Fulkerson, Gam- ble, Henderson, Holdsworth, Holland, Hume, King, McPherson, Mack, Mitchell, New- gent, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong,' Sutton, Swearingen, Williams of Scotland, and Mr. President— 29. Noes— Messrs. Bush, D'Oench, Evans, Foster, GUbert of Lawrence, Green, Harris, Holcomb, Husmann, Linton, McKernan, Morton, Nixdorf, Rohrer, and St. Gem — 15. Absent with Leave. ^ — Messrs. Adams, Barr, Bunce, Davis of New Madrid, pilis, GUbert of Platte, Grammer, Martin, Owens, Thilenius, and Williams of Caldwell — 11. Absent without Leave — Messrs. Bed- ford, Budd, Clover, Fletcher, Gilstrap, Hughes, Leonard, Switzler, and Weath- erby — 9. Sick — Mr. Meyer — 1. So the motion to lay on the table was agreed to. Mr. St. Gem offered the following amend- ment: ' 'Strike out sections twelve and thirteen." Which was ruled out of order by the Presi- dent. Mr. St. Gem moved to adjourn, which was rejected. Mr. Bonham moved that the article on Declaration of Rights be adopted, on which motion Mr. Gilstrap demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Bonham, Childress, Cow- den, Davis of Nodaway, Dodson, Drake, Esther, Filley, Folmsbee. Fulkerson, Gam- ble, Gilbert of Lawrence, Gilstrap, Hendei-- son, Holdsworth, Hume, King, McPherson, Mack, Mitchell, Newgent, Peck, Eanldn, Smith of Mercer, Smith of AVorth, Strong, Sutton, Sweai-ingen, and Willianft of Scot- land— 28. Noes— Messrs. Bush, D'Oench, Evans, Foster, HaiTis, Holcomb, Holland, Hus- 107 mann, Linton, McKernan, Morton, Nixdorf, Rohrer, St. Gem, and Mr. President— 15. Absent with Leave— Messrs. Adams, Barr, Bunoe, Davis of New Madrid. Ellis, Gilbert of Platte, Grammer, Martin, Owens, Thilenius, and Williams of Caldwell Absent without Leave- Messrs. Bed- ford, Bndd, Clo-ver, Fletcher, Green, Hughes, Leonard, Switzler, and Weatherby— 9. Sick— Mir. Meyer— 1. • ■ So tSleartifc|e, on Declaration of Rights was adopted^ , '• , '*■■•■ On motion of Mr. Davis of Nodaway, the Convention adjourned until half-past 9 o'clock to-morrow morning. THIRTY-NINTH DAY. WEDNESDAY, February 22d, 1865. Convention met pm-suant to adjournment, the' President in the chair. Prayer by Rev. Mr. McKim. On motion of Mi-.. Strong, leave was granted to Mr. Clover to record his vote on the Declaration of Rights. Mr. Clover voted "aye." On motion of Mr. Budd, Mr. Switzler was permitted to record his vote on the same questioii. Mr. Switzler voted "no. " ,0n motion of Mr. St. Gem, leave was granted Mr. Hughes to record his vote on the same question. Mr. Hughes voted "aye." Mr. Weatherby was also permitted to record his vote on the same question. He voted "aye." Mr. McKernan asked leave of absence for Mr. Nixdorf for one week, which was granted. On motion of Mr. Drake, the article on Railroad Indebtedness was read the first and second time,' by its title, and ordered to be referred to the Committee of the Whole. Mr. Strong called up the regular order of the day, it being an ordinance providing for the vacating of certain civil offices in the State, iilling the same anew, and protecting the citizens from injury and harassment. Mr. Switzler moved to amend the first section as follows: Strike out all between the word "ap- pointed," in the sixth line, and "shall," in the tenth line. Strikeout "the," after ' 'hold," in the tenth line, and insert ' 'said." Strike out after "offices, ' ' in the tenth line, the words "to which they may be ap- pointed," and in the eleventh line, after ^ ^period," insert "with same authority. " ^l•. Gilstrap ofiered the following as a substitute for the amendment of Mr. Switz- ler: Amend by inserting in the sixth line, after ,the word "appointment," tlie words "for the remainder of the term of each oflice, respectively, ' ' and stiike out all after that, in section first. Mr. Strong offered the following amend- ment to the substitute proposed by Mr. Gil- strap : Substitute the words ' ' untU. the next gen- eral election," for the words "for the re- mainder of the term of each oflice, respect- ively. ' ' On motion of Mr. Bonham, the Conven- tion adj ourned until half-past 2 o ' clock P . M . AFTERNOON SESSION. Convention met pursuant to adjournment,, the President in the chair. • Mr. Hughes offered the following resolu- tion: . : •"■' '"' That no member of thijfe iCohven-' tion will accept an appointment to ;any pfflce which may be vacated by Eaay prdinance of this Convention, except -^ere he is the present incumbent. Mr. FiLLBY moved to lay the resolution on the table, and thereupon, Mr. Hughes with- drew It. Mr. Drake moved to postpone, until the 15th day of March next, the further con- sideration of the ordinance providing for the vacating of certain civil oflaces, etc., and demanded the ayes noes thereon. 108 Mr. HusMANN moved to lay Mr. Drake's motion on the table, which motion he with- drew. After debate, Mr. Gilstrap renewed the motion to lay on the table, and demanded the ayes and noes, which being taken, the vote stood as follows : Ayes— Messrs. Fletcher, Foster, Fulker- son, Gilbert of Lawrence, GUstrap, Hus- mann, Newgent, St. Gem, Strong, and Swearingen — 10 . Noes— Messrs. Bonham, Budd, Bnsb, ChUdress, Olover, Davis of No(laway, Dod- son, Drake, Filley, Folmsbee, Gamble, Green, Harris, Henderson, Holcomb, Holds- worth, Holland, Hughes, Hume, King, Linton, McKernan, McPherson, Mack, Peck, Rankin, Rohrer, Smith of Mercer, Smith of Worth, Sutton, Switzler, Weath- erby, and Mr. President— 33. Absent with Leave — ^Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Grammer, Martin, Mx- dorf, Owens, Thilenius, and Williams of CaldweU— 12. Absent without Leave — Messrs. Bed- ford, D'Oenoh. Evans, Leonard, Morton, and Williams of Scotland— 6. Sick— Messrs. Cowden, Esther, Meyer, and Mitchell-^. So the motion to lay on the table was re- jected. Mr. Bonham moved that the ordinance be referred to a special committee, consisting of one member from each congressional district. Pending which, it being announced that his excellency Governor Fletcher was in the hall, the President appointed Messrs. Drake and Weatherby as a committee to wait upon the Governor and conduct him to a seat within the bar, which they accordingly did. Mr. Fillet moved to adjourn; on which motion Mr. Smith of Worth demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Massrs. Bedford, Bonham, Budd, Childress, Davis of Nodaway, Dodson, Drake, Evans, Filley, Fletcher, Folmsbee, Gamble, Gilbert of Lawrence, Harris, Henderson, Holcomb, Holdsworth, Hume, King, Leonard, Linton, McKernan, Mc- Pherson, Mack, Morton Peck, Rankin, Rohrer, St. Gem, Smith of Mercer, Sutton, Switzler, Weatherby, and Williams of Scot- land— 34. Noes— Messrs. Bush, Clover, Foster, Gil- strap, Green, Holland, Hughes, Husmann, Newgent, Smith of Worth, Strong, Swear- ingen, and Mr. President — 13. Absent with Leave — Messrs. Adams, Barr, Bunce, Davis of New Madrid, Ellis, Gilbert of Platte, Grammer, Martin, Nix- dorf, Owens, Thilenius, and Williams of Caldwell— 12. Absent without Leave — Messrs. D'Oench and Fulkerson — 2. Sick — Messrs. Cowden, Esther, Meyer, and Mitchell — 4. So the motion to adjourn was agreed to, and the Convention adjourned until half-past 9 o'clock to-morrow morning. FORTIETH D.A.Y. Convention met pursuant to adjournment, the President in the chair. grayer by Rev. Mi-. Fenton. On motion of Mr. Mack, the memorial heretofore presented on the subject of the Southwest Branch of the Pacific Railroad was ordered to be signed by the President and Secretary of this body, and forwarded to the President of the United States. On motion of Mr. Holland, copies of said memorial were ordered to be sent to the members of Congres^ from this State, repre- senting the districts in which said road is located. THURSDAY, Pbbruaky 23d, 1865. Mr. Folmsbee called up his amendment to the ordinance vacating certain offices, which was oflFered yesterday, and withdrawn: Amend section first by inserting, after the word "assistants," in the fourth line, the words "sheriffs, township marshals and notaries public." Mr. St. Gem offered the following amend- ment, which was read for information: Amend section second by striking out, in the third line, the word ' 'after, ' ' and insert in lieu thereof the word ' 'from ; ' ' and add, after the word "sixty-one," in the fourth Ime, the words ' 'to the first day of January, one thousand eight hundred and sixty-five. ' ' 109 Mv. Clover offered an amendment to the motion of Mr. Bonham, referring the ordi- nance to a committee of one from each con- gressional district, by adding thereto as follows: With instructions to report forthwith on the propriety of a measure, and in what, form said measure should be enacted, for the va- cating of such civil offices as may. In their opinion, be necessary to protect the loyal people of the State, and to harmonize the working of the State government; and like- wise to protect loyal citizens from Injury and harassment from prosecutions for acts done by them in support of the government in the existing rebellion. Mr. Drake renewed his motion to post- pone the further consideration of the ordi- nance until the 15th of March next, and demanded the ayes and noes thereon, which being taken , the vote stood as follows : Ayes — Messrs. Bonham, Budd, Childress, Clover, Davis of Nodaway, Drake, Esther, Evans, Folmsbee, Fulkerson, Gamble, Gil- bert of Lawrence, Harris, Holcomb, Holds- worth, Hughes, Hume, King, Linton, Mc- Kernan, McPherson, Mack, Morton, Peck, Rankin, Sutton, Switzler, Williams of Scot- land, and Mr. President — 29. Nobs — Messrs. Bedford, Bush, Davis of New Madrid, Dodson, D'Oench, Fletojier, Poster, Gilstrap, Green, Holland, Husmann, Leonard, Newgent, Rohrer, St. Gem, Smith of Worth, Strong, Swearingeu, Weath- erby— 19. Absent with Leave — Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Martin, Nixdorf, Owens, thUenius, and Williams of Caldwell— 11. Absent without Leave — Messrs. Filley, Henderson, and Smith of Mercer— 3. Sick— Messrs. Cowden, Meyer, and Mitch- ell— 3. So the motion to postpone was agreed to. Mr. Bush asked leave of absence for him- self this afternoon. Leave was granted. Mr. St. Gem asked leave of absence for Mr. Fletcher for this afternoon, which was granted. On motion of Mr. Bedford, the Conven- tion adjourned until half-past 2 o- clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Gamble presented a petition, which was read, from citizens of the counties of Audrain, Pike, Montgomery and Lincoln, praying for the erection of a new county out of territory embraced therein, to be called the county of Fletcher, and asked to have the same referred to the Committee on Mis- cellaneous Business. It was ordered to be so referred. Mr. Smith of Worth offered the following resolution : Resolved, That when this Convention ad- journs this day it will adjourn to meet at the Representatives hall in Jefferson City, on the loth day of March, 1865, at 10 o'clock A. M. Mr. Bonham moved to lay the resolution on the table, and demanded the ayes and noes thei'eon, which being taken, the vote stood as follows : Ayes — ^Messrs. Bonham, Budd, Childress, Davis of Nodaway, Dodson, Drake, Esther, Evans, Folmsbee, Fulkerson, Gamble, Gil- bert of Lawrence, Henderson, Holds worth, Hume, King, Leonard, Linton, McKernan, McPherson, Mack, Morton, Peck, Rankin, R,ohrer, Smith of Mercer, Sutton, and Wil- liams of Scotland — 28. NoKS — Messrs. Bedford, Bush, Clover, Davis of New Madrid, D'Oench, Fletcher, Foster, Gilstrap, Green, Harris, Holcomb, Holland, Hughes, Husmann, NeV^gent, Smith of Worth, Strong, Sweanngen, Switz- ler, Weatherby, and Mr. President — 21. Absknt with Leave — Messrs. Adams, Barr, Bunoe, Ellis, Gilbert of Platte, Gram- mer, Martin, Nixdori, Owens; ThUenius, and WiUiams of Caldwell — 11. Absent without Leave — Messrs. FU- ley and St. Gem— 2. Sick — Messrs. Cowden, Meyer, andMitch- ell-3. , So the resolution was laid upon the table. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume consideration of amend- ments to the Constitution. After sometime spent therein, the President resumed the chair, and Mr. Leonard reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the article on Executive Power, but had come to no resolution thereon. Mr. Hughes asked leave of absence for three days, which was granted. On motion of Mr. Folmsbee, the Con- vention adjourned until half-past 9 o'clock to-morrow morning. 110 FORTY-FIRST D^Y. The Convention met pursuant to adjourn- ment, the President in the chair. Prayer by Eev. Mr. McLane. Mr. Gamble presented a petition, which was read, from citizens of the counties of Montgomery, Pike, Audrain, and Lincoln, praying for the erection of a new county from territory embraced in said counties; which, on motion of Mr. Gamble, was referred to the Committee on Miscellaneous Provisions. Mr. Smith of Mercer, Chairman of the Committee on Loyalty of Members, pre- sented the following report aild accompany- ing papers : Mr. Pkesidbnt — The Committee on the Loyalty of Members, beg leave to report, that they have had under consideration the case of Mr. Thomas B. Harris, of Callaway county, and are of the opinion that he is disloyal. Your committee do, therefore, recommend that he be expelled from this body. The evidence in the case is herewith transmitted. (Signed) K. G. SMITH, Chairman. State of Missodri,! ^ County of Callaway, j William K. Wilson, aged forty-seven years, by occupation clerk of county court, makes oath and says, that on or about the 17th day of July, 1861, it being the day of the Overton Run fight, he saw Thomas B. Harri«, of Callaway g;ounty, ride into Fulton, and at the time deponent and others, who he does not now remember, were sitting in front of the "Western Bank" building in Fulton, when said Harris, passing by, called iipon the crowd to know ' ' what they were doing there, ' ' saying, ' ' why don't you go and assist in driving out the invaders of our State," or words to that effect, meaning, as deponent supposed ; the Federal soldiers then approaching Fulton, under Colonel John McNeil, urging the citizens to arm them- selves as best they could and offer resistence to the invader. Deponent further states that said T. B. Harris has never since the t 'Over- ton Run , " or about that time, been regarded by Union men anything else buit a rebel or rebel sympathizer ; his associations have been with what are termed "Southern men," and not with "Union men," as far as my observation has enabled me to judge. (Signed)" William R. Wilson. Subscribed and sworn to before me, this 8th day of February, 1865. (Signed) Thomas B. Nbsbit, Clerk County Court, Callaway County, Mo. FRIDAY, Febkuaey 24th, 1865. State of Missocei, 1 County of Boone, f ' J. S. Williams, of lawful age, being duly sworn, depose th and says: "IknowThos. B. Harris, of Callawaj' county, and have known him since 1859; his general charac- ter for loyalty to the Government of the United States is bad; I have heard him since the 17th daj"- of December, 1861, make use of expressions of disloyalty and treason ; during the summer and fall of '61, he, at divers times, endeavored to excite the people of Callaway, at Fulton, to armed resistance to the United States troops, calling upon the citizens to get arms of any kind, scythes, S'tchforks, or anj'thlng — that the 'damned utch would get the county if not re- sisted.' " (Signed) J. S. Williams. Sworn and subscribed to before me, this 12th day of Februai-y, A. D. 1865. (Signed) H. M. Bradley, Capt. and Ass't Prov. Marshal. >ss. State of Missouri, County of Boone. Patrick Cajn, of lawful age, being duly sworn, deposes and says: "I know Thomas B. Harris, of Callaway county; have known him over five years ; his character for loyalty IS bad ; on the day after the battle at Over- ton's run, iu Callaway county, near Fulton, I was at Fulton when the rebel General- Harris came into the town, and told the people that he wanted them to assist him, that if thay did not do so that McNeil would drive them out of the town; Thomas B. Harris was there, standing close to the Gene- ral, and after he had got through his speech, spoke, and said: 'That is so, General, and I will do my part; if we do not do as you ask, the damned Dutch will take the town.' " (Signed) Patrick Caix. Sworn to and subscribed beford me, this 12th day of February. A. D. 1865. (Signed) H. M. Bradley, Capi. and Provost Marshal. Office ofAsst. Provost Marshal, 1 Fulton, Missouri,. Nov. 10, 1864. j Statement of Dr. John W. Martin, aged fifty-three years, bv occupation a physician, and a citizen of Callaway county, Missouri: Witness states that, some time about the middle of July, 1861, he saw Thomas B. Hai-ris, of Callaway countv, Missouri, pass- ing along the street, in Fulton, on horse- back, and heard him saj^, "what are you all doing there?' ' meaning, as he supposed, to urge men to assist in resisting Federal Ill authority, or to oppose the advance of Colo- nel McNeil's command; and that he has, since that time, understood him to be a Southern syiApathizer, and opposed to the exercise of Federal authority. (Signed) -John W. Martin. Sworn to and siihscribed this 16th day of January, 1865, before me. (Signed) J. W. Stewart, Vapt. and Asst. Provost Marshal. I, John Saunders, a resident of Audrain county, Missouri, on oath declare: I was at Lakeland's Schoolhouse on the.Sunday after the taking of Fort Sumter, and I saw Thomas B. Harris there; in the course of a conversation that sprung up between him and 'George Sullivan ^ Joseph Lakenan, and a Mr. Ross, at which I was present, Sullivan accused Harris, in a rather playful manner, of being a Union man, at w;hi en Harris got nettled, and replied to Sullivan not to call him a Union man if he did not want to insult him; farther, during the gathering of the rebels iu Callaway county, under Jeff. Jones, I was captured by Jones, and, Under the charge of being a Federal spy, I was kept prisoner by him until he got scared, and suddenly disbanded his men one night; I believe it was on Friday night men came into camj), and notified Jones that General Prentiss was moving on him; they moved from Dyer's mills to Striiigfield's store on Saturday, and Thomas B. Han-is came into camp, and went with us part of the way to Stringfield's store, apparently directing movements; on the Inarch he espied me in a wa^'on; he rode back and forth along the hues, and, when passing bjr me, he al-i ways stopped talking; he was in company with Joseph Lakenan all the time; this was in the fall of 1861, during the encamp- ment of General Henderson and Colonel Krekel at Wellsville; I have stated that Harris went part of the way; the rebels were divided into two parts, after crossing the Mexico and ]t'ulton road, one going by Jeff.' Jones' house, the other, by a more southern route, to Stringfield's store; Har- ris, after this division, was not with the fang I was with; I am unable to say whether e was with the other party or not, after the division. (Signed) John Saunders. Subscribed and sworn to before me, this 21st day of January, 1865. (Signed). H. B. Sayeb, Lieut, and Asst. Provost Marshal . St. Louis, February 22, 4865. Statement of James M. Martien, with re- gard to the political character of David L . Whalev, William T. Snell, A. A. Fant, R. R. iBuckner, and G. W. Sullivan: I know David L. Whaley to be a rebel; can prove he was in arms against the government in the early part of the rebellion, and recruited and drilled men for the rebel "State' Guard;" no truly loyal man regards Wlialey as any- thing but a rebel sympathizer at the present time; I know William T. Snell to be also a rebel sympathizer; can jjrdve he contributed ten dollars in cash to raise add outfit Dan. Mclntyre's rebel company, in 1861: Snell has since been on duty as commander of the E. E. M.; can prove that, whilst on that duty, he (Snell) stated that the State authori- ties would, and ought to, resist the United States conscriptionlaw ; can also prove that SneU said that there were fom' persons, citi- zens of Fulton (radicals), that would not be permitted to live in the State when the war was over; A. B. Fant is a horse and mule trader; made a large amount out of the Gov- ernment; says butlittle ; but is regarded by myself and all loyal men as a rebel sympa- thizer. R. R. Buckner is notoriously dis- loyal; an out-and-out fire-eater. With re- fard to James Harris, I believe he is a rother-in-law of Thomas B. Harris; if so, he is disloyal; I do not know one of the name that is not disloyal. G. W. Sullivan was a rebel sympathizer when he lived in Audrain county, in the neighborhood of T. B. Harris; he associated habitually with rebels, and was required to give a heavy bond. With regard to the statement of General McNeil, it is, no doubt, true that Harris "appeared to be as loyal as any of his neighbors;" I know his neighbors well; they were, and are, all disloyal; I do not think there is one loyal man, at the present time, in the township Harris resides in; Thomas B. Harris is a man of influence in his county, and has had much to do in shaping public opinion, particularly in his own township; Thomas B. Harris was, in 1860, apparently a Union man, but, upon the capture of Camp Jackson, became in- tensely rebel; was a friend of the rebel General Tom. Harris, at the time he was operating in Callaway county; held to the doctrine that the goverriment had been usurped ; that, in fact, no government ex- isted; that President Lincoln had no legal authority; that the Constitution had been violated and trampled under foot; Thomas B . Harris has always looked with contempt and detestation on Federal soldiers. (Signed) Jambs M.,Martibn. Sworn and subscribed to at St. Louis, this 22d day of February, 1865, before me, (Signed) John A. Cunningham, Justice of the Peace. State of Missouri, Kg Courify of Callaway, j I, Wm. R. Wilson, Clerk of the Callaway County Com-t, do hereby certify that I am personally acquainted with the within named affiants, James H. "Tucker, E. R. Parker, Rufus Abbot, and Thomas Paiton, and know them to be true and loyal Union men, and all of them have been "citizens of this place (Fulton) and county for fifteen or twenty years or more, and they have had all opportunity of knowing the political ^atus of the men of whom they have been called 112 upon to testify; their statements are en- titled to full faith and credit. In testimony whereof, I hereunto subscribe my name and affix the seal of the [l. s.] court, at office, tAis 2d day of Febru- ary, 1865. (Signed) Wm. E. Wilson, Glerh Callaway County Court. State of Missotjki, \ County of Callaway. } Before me, William E,. Wilson, Clerk ot the Callaway County Court, personally come James H. Tucker, Bdwin ll. Parker and Eufus Abbot, who make oath and say that they have been acquainted with A. B. Font. Wm. H. BailOT, Angus Berry, Thos, A. Howard and John H. Howard, from the commencement of the present rebellion, and have regarded them as disloyal, and consider that they have been so regarded by Union men ; they have not acted with Union men ; Joseph Flood is and has been regarded as a loyal man, of which we have no doubt; it is true that he was a judge of the court when an order was made to assist wounded rebels to return to their homes, in Callaway county, from Springfield, Mo., in 1861: it is also true that he, with others declined to take the Convention oath, and retain his place as judge of the county court; not- withstanding these things. Judge Flood has opposed secession, JeffT Davis & Co., as much as any man in Missouri, Illinois or New York, and has acted with Union men from the commencement of the rebellion. Jambs H. Tucker, (Signed) E. E. Pakkeb, E. Abbot. Subscribed and sworn to before me, this 2d day of February, 1865. (Signed) Wm. E. Wilson, Clerk Callaway County Court. Personally comes, also, Thomas Patton, who makes oath and says, that the following- named persons are disloyal, to-wit: A. B. Fant, T. A. Howard, J . H. Howard, Angus Berry, and William H. Bailey, and are so considered by the loyal men of this county; Joseph Flood was a member of the county court of Callaway county, which court made an appropriation to bring wounded rebels home from Springiield, in 1861, which is on record in the clerk's office of said county; he also resigned his seat as judge of the county court, refusing to take the oath pre- scribed by the Convention ; William H. Bailey resigned his office as clerk of the county court of Callaway county, refusing, to take the oath prescribed by the Convention. (Signed) Thomas Patton. Subscribed and sworn to before me, this 2d day of February, 1865. In testimony whereof, I have hereunto set P -i my hand and affixed the seal of court, L^ J at office the date above written (Signed) Wm. E. Wilson, Clerk. On the morning of the Overton Eun fight I was standing before my house, and saw Thomas B. Harris when he came into town — I think something near 10 o'clock; saw him when he stabled his horse; talked to him about the attack on Colonel McNeil's forces; returned to the hotel with him ; went up on my veranda with the Efiverend S. A. Much- m ore ; sa w Colonel McNeil ' s forces approach- ing the town nearly in a south direction; some were then still firing from houses in town'; asked Mr. Muchmore to go down town with me and make some arrangements about a flag of truce ; he aslied me who had best go ; I told him James S . Henderson would be best for one; we went together^ downtown; met Mr. T. B. Harris and Judge' Bailey; Mr. Hai-ris then went into the clerk's office, and soon came out again, and assisted in making arrangements to start the flag of truce, and I think went out with James S. Henderson and S. A. Muchmore; the next I recollect of T. B. Harris he came to my hotel with Colonel McNeil and Dr. Dudley H. Overton, when T. B. Harris introduced Colonel McNeil to me; this was after the wounded men were brought to my hotel by the assistant surgeon and Lieutenant Colonel Fritz; the next I recollect of T. B. Harris I saw him on horseback, in company with Judge Hopkins, Judge King, and Judge Flood, starting toward the hattle-ground, and going out toward Jefferson City;" I vm- derstood Colonel McNeil requested some persons to go out and examine the ground, to see if moi-e dead or wounded were left on the field; I saw Mr. T. B. Harris and Judge Joseph Flood returning, in company wiSi others, from the direction of the battle- ground; I am fully satisfied Thomas B. Har- ris was at no time armed during the day, and was not in, nor south or southwest of, town on the day of said battle, nor in the town of Fulton, until 10 o'clock or later, on that day; nor do I, from any reasonable con- clusion, believe he was ever in favor or coun- tenanced the actions of those who made the attack on Colonel McNeil's forces, but, on the' contrary, has frequently, in unqualified terms, showed that he disapproved of seces- sion — ^first, as a remedy for Southern griev- ances; and secondly, altogether against the mode of warfare as carried on in Missouri. (Signed) David L. Whalky. February 1, 1865. Fulton, Mo., January SI, 1865. I was in Fulton, Mo., on the day of the fight known as the Overton Euu fight; saw T. JB. Harris in town on that day,' com- ing dowh the street with other persons; had no arms in his hands ; saw him mixing with the Federal officers after they reached town. (Signed) W. T. Snell. St. Louis, February 6, 1865. I was in the town of Fulton, Callaway county. Mo. , on the day of what was called the Overton Eun fight; was in company with 113 Thomas B. Harris in town after the flght: he was unarmed ; saw him on the sidewalk when James S. Henderson and Mr. Muchmore went down the street and received Colonel McNeil and his command; saw Harris with Colonel McNeil and officers after they got in; when things settled down a little, Har- ris, with myself, went Out on the battle- ground, under Colonel McNeil's order, to see if there were any dead or woimded men on the ground. (Signed) A. B. Faht. St. Louis, Janum-y 19, 1865. Hon. T. B. Hakbis— Z)ear- Sir: In answer to interrogatories propounded to us by you, touching your loyalty, we have to say, in reply, that we are and have long been inti- mately acquainted with you as a neighbor and citizen; we know well your political views and actions since and before the out- break of this rebellion. You opposed, act- ively, the doctrine of secession, and labored to keep Missouri in the Union ; always op- posed lawlessness and bushwhacking; in a word, we are bound to regard you as a strictly loyal man. yours, respecfully, (Signed) Kobt. E. Bucknbk, W. W. Robertson. St. Louis, January 18, 1865. Hon. T. B. Habeis — Dear Sir: In answer to interrogations propounded by you, I have to say that I thmk I know your political record since the first Outbreak of this re- bellion. Having been on the most intimate terms, there has been nothing reserved in our interviews, which have been frequent from the beginning of the present conflict. I know that you was one of the first men in Boone or Callaway county to oppose the "heresy," as you called it, of secession, and opposing all eft'orts to take Missouri out of the Union, asserting and affirming that there never could be two governments estab- lished and sustained out of the territory of the United States. For entertaining and advocating these views, you, as weU as others of Eke views and opinions, have been continually_ denounced bjr men taking the Southern side of the question. Yours, respectfully, (Signed) James Harris. I lived in Audrain county, Missouri, -until some time in September, 1864; know Thomas B. Hai'ris, of Callaway county, well; he lives in Callaway county, some six miles from where I lived; we were on the most intimate terms ; I know his views and opin- ions well from the beginning of this rebel- lion; he was a most active and zealous opposer of secession and disunion; I know that he was active and earnest in keeping men out of the rebellion, contending that the rights of American citizens, were to be secured in the Union, and not out of it; know that he was violently opposed to all fuerriUa warfare and bushwhacking'; have eard him publicly and privately advocate the union ofall the States under one govern- ment and one constitution, stating that seces- sion was a heresy, and would rum the gov- ernment; have no recollection of ever hear- ing him at any time, by word or act, favor any other views or sentiments than those above expressed; I know to my personal knowledge of his doing all in his power to keep men out of the rebel army. (Signed) Geo. W. Sullivan. lam a citizen of Callaway county, Mis- souri; am well and intimately acquainted with Thomas B. Harris, of Callaway county; was director with him in the bank at Fulton; the subject of secession was often up, and Mr. Harris was at all times in active oppo- sition to it, advocating the union of all the States under one constitution; I have never known a disloyal act of his; I am a Union man— a judge of the covinty court of Calla- way county. (Signed) H. F. Bbnoe. Personally appeared before me, &. W. Sullivan and H. F. Eenoe, whose names arg appended to the foregoing affidavits, and being duly sworn to by me, state that the matters and statements contained therein ai-e true. This 4th day of February, 1865. (Signed) A. H. Martin, Clerk of Circuit Court of Lincoln County, Mo. I am eighteen years of age; live in Calla- way county, in the State of Missouri; my home is with Thomas B. Harris, about thir- teen mUes north of Fulton, in said county; I know that he, the said Thomas B. Harris, was at home, in the harvest field with the hands, the day before what was called the Overton Run fight with the Federal forces under General (then Colonel) McNeil, and that he was at home that night and to break- fast next morning, viz. , the day of the fight, and that we did not know anything or the fight until he returned home that evening; I Know he had no arms, and was then, and has ever Since been, opposed to secession, bushwhacking and everything of the sort; he has at all times counseled me to have nothing to do with the rebellion', and has kept others out of it; I know, also, that he was opposed to the Jones encampment, and that his house was inside the lines; pickets were stationed in all the avenues leading to> and from his house. (Signed) Caleb R. Harris. Sworn to and subscribed before me, at my office, in' Buffalo, this 2d day of February, 1865. (Signed) IsoM Enlow, Justice of the Peace. 114 St. Louis, February 9, 1865. Hon. Thomas Harris, Member of the Con- stitutional Convention, St. Louis: Sir— Being called upon by you to state my recollection of your action at the time my command entered Pulton, Callaway county, on the 16th of July, 1861, and while I was inoccupation at that place, I have to say: That when the town was occupied by my troops, I met you, with others, with a flag of truce ; that you expressed a good dispo- sition toward the Government of the United States, and volunteered your services to pro- cure my men quarters in the courthouse; you also went with me to Whaley's store, part of which 1 occupied as an hospital; I regarded you, while I was in Fulton, as full as loyal as most of your neighbors, and at no time did I hear that you had been in arms before the occupation of Fulton. I have the honor to be, your obedient ser-^ vant, (Signed) John McNeil, Brig. Gen. U. S. Vols. Concord, January 21, 1865. Hon. T. B. Harris — Dear Sir: In answer to your interrogatories, we cheerfully re- spond that we have known you intimately for many years, and can testify to your loy- alty from the commencement of the rebel- lion. You, from the beginning, took an active part a^amst secession; have always opposed bushwhackers and rebel raids. Publicly and privately, your voice and acts have been for the Federal Government. Yours truly, (Signed) Aired Barnes, King Bailey, Jno . Henderson, A. P . Pollard, - J. M. KiLEY, Sandeord Jameson, R. S. Shields, L. G. Pledge, Jno. a. Thckman, Allen Lbbpbr, Lewis L. Mathews, William Gdy, E. McCkackin, John G. Barnes, E. H. Fowler, Philip Thurmond. Concord, Callaway County, 1 January 23, 1865. / Thos. B. Harris, Esq.— Dew Sir: In answer to your interrogatories, we, the un- dersigned citizens of Callaway county, Mis- souri, were present at a meeting of Liberty township, held at Concord, the early part of the fall of 1861: that, at said meeting reso- lutions were offered of a disloyal character, and not in harmony with the preservation of our Government, and speeches were made advocating secession. We recollect very distinctly that you promptly took the stand and made a speech, hi which you denounced secession as a dangerous heresy; and further state that, from the beginning of tliis rebel- lion till now, you have openly and zealously advocated the claims of our Government, as paramount to all other considerations. (Signed) Fhamclin Burt, Jas. Lawrence. Thos. J. Atkinson, J. T. Henderson, John Hall, H.G.Garwood. Wm. McPhreters. State of Missouri, "1 Callaway County. j Personally appeared before me, this day, the undersigned, acting justice of the peace for the within county, and State of Missouri, the parties whose names are subscribed to the within instrument, who are personally known to me as men of undoubted worth and integrity , and are regarded by the com- munity as loyal to the Federal Government; and would further certify that a majority of them are prominent Union men, and they acknowledge that they executed the above for all the uses and purposes therein con- tained. Given under my hand this, January 23d, 1865. (Signed) R. H. Hord, Justice of the Peace. Mass Meeting in Old CaXlaway. On Monday last, November 19, 1860, a large mass meeting of our citizens was held at the courthouse in this city, for the purpose of considering the present condition ot our national affairs. The meeting was presided over by Mr. Thomas B. Harris, as President, and Captain Samuel Blount, Major W. W. Snell, and Judge Thomas Aiisell, as Vice Presidents. Jesse C. Fox, Esq. , acted as Secretary. A committee of eleven was appointed to draft resolutions expressive of the sense of the meeting, composed of the following gentlemen: Judge I. O. Hockaday, Benja- min Cason, Major John Harrison, Dr. J. T. Collier, JohnS. Henderson, George Law. I. W. Boulware, George Bai-tley, John G. Pro- vines, Dr. J. W. Martin, and Dr. James M. Martien . Whilst the committee was absent, Jud^e Thomas AnseU and Major P. B. Reed, of Audrian county, were called for, and addressed the meeting in appropriate, well-timed and eloquent speeches. The committee, after a short absence, returned, bringing in two reports — a majority and minority report. The following is the ma- jority report: Whereas , By the recent election of Abra- ham Lincoln to the chief magistracy of the United States, the country has been thrown into violent agitation, and particularly the cotton-grovring States of this confederacy; and whereas, imminent and sudden danger threatens the integritj' of the Union, tiie prosperity and perpetuity of the General Government, and the harmony, peace and happiness of the people; and whereas, the citizens of the various States, one in aim and destiny, are in danger of being brought into hostile and deadly conflict; and whereas, the social, religious and moral relations of our people are involved in almost inextrica- ble difficulties, threatening alike the lives, liberties and the property of the citizens of the common territory; therefore. Resolved, That while we deprecate the election of Abraham Lincoln to the Presi- dency of the United States, we do not regard 115 his mere election as sufficient reason for the secession of any State from the confederacy. Resolved, That we will abide by the consti- tution as it is, the laws as they exist, and the Union of the States, as it was framed and handed down to us by a brave, a generous, and a noble ancestry. Resolved, That ignoring the political dififer- ences that have heretofore divided us, we will cling to the constitution of our country as the sheet-anchor of our hopes and the ultimatum of our desires. Resolved, That we regard the prospective disraption of the existing government as one of the most direful calamities that could befall not only the Ameiican people and American institutions, but the cause of free- dom and self-government throughout the world. Risolved, That we recognize the Supreme Court of the United States as the proper tri- bunal to determine the constitutionality or unconstitutionality of all laws, and as such we will look to it as the conservator of the pu.blic peace and the preserver of public tranquillity. Resolved, That this government was formed out of the privation , the suffering, the patri- otism and the sacred blood of our fathers, and as the richest legacy they could leave to us, we will preservd*lt unimpaired by civil broils, strengthened by a mutual and sacred endeavor to render it the fairest, the freest, the most indestructible ligature of brother- hood. 'Resolved, That we do not, nor can we, regard the inhabitants of the seceding States of the Union as other than revolutionists and disorganizers, and as such, we cannot offer them assistance nor extend to them the right hand of fellowship. Resolved, That so long as the chief magls- ti'ate of the government shall confine his action within the limits of the national con- stitution, we will use all lawful means, and exert all om- rightful powers, to uphold his administration and render his term of office glorious by our loyalty and devotion to the interests of self-government and the cause of freedom. Resolved, That as the condition upon which God has given liberty to man is that of eter- nal vigilance, we will not break that condi- tion by a cold and active indifference to things around us, but will labor for the spread of a liberal and just policy, and the success of our free institutions throughout all time. (Signed) I. O. HOCKADAY, GbOBGE BaETLEY, John Harrison, John G. Pkovinbs, J. T. Collier, J. W. Martik, Jno. S. Henderson, Jas. M. Martien. Minority Report. Me. President : We, the imdersigned, a minority of your committee, although we deem this mass meeting uncalled for and premature, yet as a duty assigned us, beg leave, in the discharge of that duty, to make the resolutions of the majority report, except the seventh, our report. ' (Signed) I. W. Boclwaeb, G. W. Law, Benjamin Cason. Some discussion took place between Presi- dent S. S. Laws, Judge Thomas An sell, and JohnG. Provines, Esq. , on the presentation of the two reports — ^the two former gentle- men sustaining the minority report, and the latter gentleman the majority report, con- taining the seventh resolution . The majority report was rejected by an overwhelming vote, only twelve voting for it, and the minority report was adopted. On motion of Mr. Drake, the report of the Committee on Loyalty, with accompa- nying papers, was ordered to be printed. Mr. Drake, Chairman of the Committee on Revision, made the following report: The Revising; Committee, to whom was referred the article entitled ' 'Declaration of Rights, ' ' beg leave to report the same back wiuiout amendment. C. B. DRAKE, Chairman. On motion of Mr. Polmsbbb, the article on Declaration of Rights, as reported back from the Committee on Revision , was ordered to be read. On motion of Mi-. Pbck, the Convention adjourned until half -past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Smith of Worth moved that the fur- ther consideration of the Declaration ol Rights be postponed till the 16th day of March next; on which motion, Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows : » Ayes— Messrs. Bush, D'Oench, Foster, Gamble, Gilstrap, Harris, Holcomb, Hus- mann, Leonard, Linton, McKernan, New- fent, Rohrer. St. Gem, Smith of Worth, vvearingen, Switzler, and Mr. President —18. Nobs — ^Messrs. Bedford, Bonham, Budd, Childress, Clover, Davis of New Madrid i Davis of Nodaway, Dodson, Drake, Es- ther, Evans, Folnisbee, Fulkerson, Gilbert of Lawrence, Green, Henderson, Holds- worth, Holland, Hume, King, MePherson, Mack, Morton, Peck, RanMn, Smith oif Mercer, Strong, Sutton, Weatherby, and Williams of Scotland— 30. Absent with Leave — Messrs. Adams, Barr, Bunce, EUis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf, Owens, Thilenius, and WiUiams of Caldwell— 12. 116 Absent WITHOUT Leave — ^Mr. Fletcher — 1. Sick— Messrs. Cowden, Filley, Meyer, and Mitchell — i. So the motion to postpone was rejected. The question being on the enrollment of the Declaration of Rights as a part of the Constitution, Mr. Gilstbap demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Messrs. Bonham, Budd, Childress, Clover, Davis ot Nodaway, Drake, Esther, Folmsbee, Fulkerson, Gilbert ^Lawrence, Green, Henderson, Holds worth, Hume, King, McPherson, Mack, Peck, Rankin, SmiSi of Mercer, Strong, Sutton, Weather- by, and Williams of Scotland — 24. Noes — Messrs. Bedford, Bush, Davis of New Madrid, Dodson, D'Oench, Evans, Foster, Gamble, Gilstrap, Harris, Holcomb, Holland, Husmann, Leonard, Linton, Mc- Kernan, Morton, Newgent, Rohrer, St. Gem, Smith of Worth, Swearingen, Switz- ler, and Mr. President — 24. Absent with Leave — Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf, Owens, Thilenius, and Williams of Caldwell — 12. Absent without Lb aye— Mr. Fletcher — 1. Sick — Messrs. Cowden, FUley, Meyer, and Mitchell-^. So the Declaration of Rights was not ordered to be enrolled. Mr. Dkake moved to reconsider the vote by which the article on Declaration of Rights was rejected; which motion was withdrawn. Mr. Bush moved that the article on Decla- ration of Rights, as offered by him, be made the special order for Monday next. Ml'. Folmsbee moved a call of the house. Decided out of order. The article on Declaration of Rights, offered by Mr. Bush, was read the third time. Mr. Budd demanded a call of the house, which was agreed to, and the caU being made the following members responded to their names : Messrs. Bedford, Bonham, Budd, Bush, Childress, Clover, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Evans, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, GUstrap, Green, Harris, Henderson. Hol- comb, Holdsworth, Holland, Hume,' Hus- mann, King, Leonard, Linton, MoKernan, McPherson, Mack, Morton, Newgent, Peck, Rankin, Rohrer, St. Gem, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Weathjrby, Williams of Scotland, and Mr. President--48. Absent with Lbave— Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf,' Owens, Thilenius, and WUliams of CaldweU— 12. Absent without Leave — Mr. Fletcher— 1. Sick- Messrs. Cowden, Filley, Meyer, and Mitchell — i. Mr. Gilstrap moved that further pro- ceedings under the caU be dispened with, and demanded the ayes and noes thereon, which being taken the vote stood as follows: Ay BS— Messrs. Bedford, Bush, Childress, Clover, Davis of New Madrid, Dodson, D'Oench, Esther, Foster, FulkersonrGam- ble, GUbert of Lawrence, Gilstrap, Green, Harris, Henderson, Holcomb, Holdsworth, Holland, Hume, Husmann, Leonard, Linton, McKernan, Morton, Newgent, Rohrer, St. Gem. Smith of Worth, Swearingen, Switz- ler, and Mr. President— 32. Noes — ^Messrs. Bonham, Budd, Davis of Nodaway, Drake, Evans, Folmsbee, King, McPherson, Mack, Peck, Ranldn, Smith of Mercer, Strong, Sutton, Weatherby, and Williams of Scotland — 16. Absent with Leave — ^Messrs. Adams. Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf, Owens, Thilenius, and Williams of CaldweU — 12. Absent without Leave — ^Messrs. Filley, Fletcher, and MitchelU*3. Sick— Messrs. Cowden and Meyer — 2. So further proceedings under the call were dispensed with. Mr. Bedford moved to adjourn; on which motion Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — ^Messrs. Bedford, Clover, Dodson, D'Oench, Evans, GUstrap, Harris, Rohrer, Switzler, and Mr. President — 10. NoES—Messrs. Bonham, Budd, Bush", Childress, Davis of New Madrid, Davis of Nodaway, Drake, Esther, Filley, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Green, Henderson, Holcomb, Holdsworth, Holland, Hume, Husmann, Kiiig, Leonard, Linton, McKernan, McPherson, Mack, Morton, Newgent, Peck, Rankin, St. Gem, Smith of Mercer, Smitli of Worth, Strong, Sutton. Swearin- gen, Weatherby, and WUUams of Scotland —39. Sick— Messrs. Cowden, Meyer, and > MitcheU-3. Absent with Leave- Messrs. Adams, Barr, Bunce, ElUs, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf. Owens, Thilenius, and WiUiams of CaldweU— 12. Absent without Leave- Mr. Pletchei-. So the Convention refused to adjourn. Mr. Drake moved to reject the article on Declaration of Rights, offered by Mr. Bush, and demanded the ayes and noes thereon, which being taken, the vote stood as fol- lows : 117 AYBs-Messrs, Bonham, Budd, OhUdress, Bayis of Nodaway, Drake, Esther, Evans, JiUey, Folmsbee, Fulkerson. Hume, Klnff, McPherson, Mack, Peck, Rankin, Smith of Mercer, Strong, Sutton, Swearingen, weatherby, and WUliams of Scotland Noes— Messrs. Bedford, Bush, Clover, Davis of Nevif Madrid, Dodson, D'Oench, Foster, Gamble, Gilbert of Lawrence, Gilstrap, Green, HaiTis, Henderson, Hol- comb, Holdsworth, Holland, Husmann, Leonai'd, Linton, McKernan, Morton, New- gent, Eohrer, St. Gem, Smith of Worth, bwitzler, and Mr. President— 27. Sick — Messrs. Cowden, Meyer, and Mitchell— 3. Absent with Leave- Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Grammar, Hughes, Martin, Nixdorf, Owens, ThUenius, and Williams of Caldwell --12. Absent without Leave— Mr. Fletcher. So the Declaration of Eights, as offered by Mr. Bush, was not rejected. On motion of Mr. St. Gem, the Conven- tion adjourned until half-past 9 o'clock to-morrow morning. FORTY-SEOOISID r)A.Y. Convention met pursuant to adjournment; the President in the chair. The Declaj-ation of Rights, offered by Mr. Bush, was taken up. Pending which, Mr. Smith of Worth offered the following as a substitute therefor: ARTICLE — . Declaration of Rights . That the general, great and essential prin- ciples of lioerty and free government may be recognized and established, and that the relations of this State to the Union and gov- ernment of the United States, and those of the people of this State to the rest of the American people, may be • defined and affirmed, we do declare: 1. That we hold it to be self-evident that all men are created equally free,* and are endowed by their Creator with certain in- alienable rights, among which are life, lib- erty, the enjoyment of the fruits of their own labor, and the pursuits of happiness. 2. That there cannot be in this State either slavery or involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted. 3. That no person can, on account of color, be disqualified as a witness, or be disabled to contract otherwise than as others are disabled , or be prevented from acquiring, holding, and transmitting property, or be liable to any other punishment for anj' offense than that imposed upon others for "a like offense, or be restricted in the exercise of religious worship, or be hindered in acquiring education, as shall be provided by law, or he subjected, in law, to any" other restraints or disqualifications in regard to any personal rights, than such as are laid upon others under like circumstances. I SATURDAY, Fkbkuaet 25th, 1865. 4. That all political power is vested in and derived from the people; that all govern- ment of right originates from the people; is founded upon their will only, and is msti- tuted solely for the good of the whole. 5. That the people of this State have the inherent, sole and exclusive right of regula- ting the internal government and police thereof, and of altering and abolishing their constitution and form of government, when- ever it may be necessary to their safety and happiness; but every such right should be exercised m pursuance of law, and consist- ently with the Constitution of the United States. 6. That this State shall ever remain a mem- ber of the American Union; that the people thereof are a part of the American nation, and that alLattempts, from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State. 7. That every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and that no law or ordinance of this State, in contra- vention or subversion thereof, can have any binding force. 8. That the people have the right peace- ably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance; and that their right to bear aims in defense of themselves and of the lawful authority of the State can not be questioned. 9. That all men have a natural and inde- . feasible right to worship Almighty God according to the dictates of their own con- sciences; that no person can,, on account of his reBgiOus opinions, be rendered ineligi- ble to any office of trust or profit under this State, nor be disqualified from testifying or 118 serving as a juror; and that no human authonty can control or interfere with the rights of conscience; that no person ought, by any law, to he molested in his person or estate, on account of hisreligious"persuasion or profession, or for his rSigious practice, unless, under the color of reBgion, he dis- turb the good order, peace or safety of the State, or offend a^fainst public morals, or injure others in their natural, civU or reli- gious rights. 10. That no person can be compelled to erect, support, or attend any place of worship, or to maintain any minister of the gospel, or teacher of religion; but whatever contracts any person may enter into for any such object, ought, in law, to be binding and caijable of enforcement, as other con- tracts. 11. That no preference can ever be given, by law, to any church, sect, or mode of worship. 12. That no religious corporation can be established in this State; except, that by a general law,jiniform throughout the State, any church, or religious society, or congre- gation, may become a bodjr corporate, for me sole purpose of acquiring, holding, using, and disposing of so much land as may be required for a house of public wor- ship, a chapel, a parsonage, and a burial ground, and managing the same, and con- tracting in relation to such land, and the buildings thereon, through a board of trus- tees selected by themselves; but the quan- tity of land to be held by any such body corporate, in connection with a house of worship or a parsonage, shall not exceed five acres in the country, or one acre ui a town or city. 13. That every gift, sale, or devise of land to any minister, public teacher, or preacher of the gospel, as such, or to any religious sect,, order, or denomination; or to or for the support, use, or benefit of, or in trust for, any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order or denomination; and every gift or sale of goods or chattels, to go in succession, or to take place after the death of the seller or donor, to or for such support, use, or benflt; and also every devise of goods or chattels, to or for the support, use, or benefit of any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order or denomination, shall be void, except always any gift, sale, or devise of land to a church, religious society or congregation, or to any person or persons in trust for the use of a church, religious society or congrega- tion, whether incorporated or not, for the uses and purposes and within the limita- tions of the next preceding clause of this article. 14. That all elections ought to be free and open. 14. That courts of justice ought to be open to every person, and certam remedy afforded for eveiy injury to person, prop- erty, or character; and that riofht and justice ought to be administered without sale, de- nial or delay. 16. That no private property ought to be taken or applied to public use, without just compensation. 17. That the right of trial by jury shall remain inviolate. 18. That in all criminal prosecutions the accused has the right to be heard by him- self and his counsel; to demand the nature and cause of accusation ; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and, in prosecutions on presentment or indict- ment, to a speedy trial by an impartial jury of the vicinage; that the accused can not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by the judgment of his peers, or the law of the land. 19. That no person, after having been once acquitted by a jui^, can, for the same oftense, be again put in jeopardy of life or liberty ; but if, in any criminal prosecu- tion, the jury be divided in opinion, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of said court. 20. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the- presumption great. 21. That excessive bail shall not be re- quired, or excessive fines imposed, nor cruel and unusual punishments inflicted. 22. That the privilege of the writ of habeas cwpus can not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 23. That the people ought to be secure in their persons, papers, houses, and effects, from' unreasonable seai-ches and seizures ; and . no warrant to search any place, or seize any person or thing, can issue, without describing the place to be searched„or the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation. 24. That no person can, for an indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval fooies, or in the militia, when in actual service in the time of war or public danger, or, by leave of court, for oppression or misdemeanor in office. 25. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. 26. That no person can be attainted of treason or felony by the General Assembly; that no conviction can work corruption of blood; that thei-e can be no forfeiture of estate ior any crime, except treason, and that the estates of such persons as may destroy their own lives shall descent or vest as in cases of natural death. 27. That . the free communication ot 119 thoughts and opinions is one of the invalu- able rights of man, and that every person may freely speali, write, and print on any subject, being responsible for the abuse of that liberty; Qiat in all prosecutions for libel, the truth thereof may be given in evidence, and the jury may determine the law and facts, under the direction of the court. 28. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed. 29. That imprisonment tor debt can not exist in this State, except for fines or penal- ties imposed for violation of law. 30. That all propei-ty subject to taxation ought to be taxed in proportion to its value. 31. That no title of nobility, or hereditary emolunlent, privilege, or distinction can be granted. 32. That the military is, and in all cases and at all times ought to be, in strict sub- ordination to the civil powers; that no soldier can, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in such manner as mtiy be prescribed by law, nor can any appropriation for the support of an army be made for a longer period than two years. Mr. Holland moved to refer the article on Declaration of Rights, as offered by Mr. Bush, and the substitute for the same, offered by Mr. Smith of Worth, to a select commit- tee of nine. Pending which, Mr. Weatheeby offered the following resolution : Resolved, That the Committee on Accounts be instructed to audit and pay in full the members and employees of this Convention first, out of the funds on hand, and an-an^e the bills of contingent expenses afterward. Which was agreed to . Mr. Fletcher moved that the Convention adjourn till half-past 9 o'clock on Monday morning next. The motion was withdrawn to enable Mr. Weatheeby to ask leave of absence for himself for ten days. Leave of absence was so granted . The motion to adjourn tiU Monday morn- ing was then renewed, and Mr. Holland demanded the ayes and noes thereon, which being taken, the vote stood as follows: Ayes — ^Messrs. Bedford, Davis of New Madrid, Evans, Fletcher, Folmsbee, Gam- ble, Gilstrap, Hai-ris, Henderson, Holcomb, Leonard, McKeman, Morton, Eohrer, and Weatherby— 15. Nobs— Messrs. Bonham, Bush, Clover, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, PiUey, Poster, Fulkerson, Gilbert of Lawrence, Green, Holdsworth, Holland, Hume, Husmann, King, Linton, McPherson, Mack, Newgent, Peck, Rankin, Smith of Mercer, Smith of Worth, Sti-ong, Sutton, Swearingen, Thilenius, Williams of Scotland, and Mi-. Presidents— 32. Sick- Messrs. Childress, Cowden, Meyer, and Mitchell — 4. Absent with Leave — ^Messrs. Adams, Barr, Bunce, EUis, Gilbert of Platte, Cram- mer, Hughes, Martin, Nixdorf, Owens, and Williams of Caldwell— 11. Absent without LEAVE^-Messrs. Budd, St. Gem, and Switzler — 3. So the motion to adjourn till Monday was rejected. On motion of Mr. Bonham, the Conven- tion adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Holland called up his resolution to refer the article on Declaration of Rights, and Mr. Smith's substitute therefor, to a special committee of nine; and the question being on the passage of the same, he de- manded the ayes and noes thereon, which being taken, the vote stood as follows: Aybs — Messrs. Bedford, Childress, Dod- son, Foster, Gilbert of Lawrence, Gilstrap, Green, Holcomb, Holland, Leonard, Mor- ton, and Mr. President — 12. Nobs — ^Messrs. Bonham, Clover, Davis of Nodaway, Drake, Esther, Folmsbee, Ful- kerson, (Jamble, Holdsworth, Hume, King, McPherson, Mack, Newgent, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Swearingen, Weatherby, and Williams of Scotland— 22. Absent 'with Leave — ^Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- raer, Hughes, Martin, Nixdorf, Owens, and Williams of Caldwell— 11. Absent without Leave — ^Messrs. Budd, Davis of New Madrid, D'Oench, Evans, Filley, Fletcher, Harris, Henderson, Hus- mann, Linton, McKeman, Rohrer, St. Gem, Sutton, Switzler and Thilenius— 16. Sick — ^Messrs. Cowden, Meyers and Mitch- ell— 3. So the resolution was rejected. Mr. Clovee moved that the Sergeant-at- arms be required to bring in all members absent without leave. Agreed to. Mr. Drake offered the following addi- tional rule : When a quorum is present a call of the house shall not be ordered without the con- currence of at least ten members. Mr. Clovee moved that the rules govern- ing this Convention be suspended, so that 120 the additional rule bfifered by Mr. Drake could be acted upon. The motion was with- drawn. Mr. BoNHAM moved that further proceed- ings under the call be suspended, which was agreed to. Mr. Dkakb moved that the additional rule offered by him be adopted, which motion was agreed to. Mr. Clover moved a call of the house, which motion was sustained, and the follow- ing members responded to theu- names : Messrs. Bedford, Bonham, Budd, Bush, Clover, Davis of New Madrid, Davis ot Nodaway, Dodson, D'Oench, Drake, Esther, Filley, Folmsbee, Foster, Fulkerson, Gam- ble, Gilbert of Lawrence, Gilstrap, Green, Harris, Henderson, Holcomb, Holdsworth, Holland. Hume, Husmann, King, Leonard, McKernan, McPherson, Mack, Morton, Newgent, Peck, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Thilenius, Weatherby, and lir. President-^3. Absent with Leave — Messrs. Adams, Barr, Bunce, EUis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf, Owens, and Williams of Caldwell— 11. Absent without Leave— Messrs. Evans, Fletcher, Linton, Rankin, Kohi-er, St. Gem, and Switzler — 7. Sick — Messrs. Childress, Cowden, Meyer, and Mitchell — i. Mr. FoLMSBBE moved the suspension of further proceedings under the call of the house . Mr. Clover called for the ayes and noes thereon, -which being taken, the vote stood as follows: Ayes — Messrs. Bonhajn, Budd, Davis of New Madrid, Drake, Filley, Folmsbee, Fulkerson, Hariis, Henderson, Holdsworth, Hume, King, McPherson, Peek, Eankin, Smith of Mercer, Smith of Worth, Strong, Sutton. Swearingen, Weatherby, and WS- liams of Scotland— 22. Nobs — Messrs, Bedford, Bush, Clover, Davis of Nodaway, Dodson, D'Oench, Es- ther, Foster, Gamble, Gilbert of I^awrence, Gilstrap, Green, Holcomb, Holland, Hus- mann, Leonard, McKernan, Mack, Morton, Newgent, ThLlenius,iandMr. President— 22. Absent with Leave — Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf, Owens, and Williams of Caldwell — 11. Absent without Leave — ^Messrs. Evans, Fletcher, Linton, Rohrer, St. Gem, and Switzler— 6. .■Sick — Messrs. Childress, Cowden, Meyer, and Mitohell — 4. So the motion was lost. The Sergeant-at-arms reported Mr. Lin- ton present and under arrest. On motion of Mr. Folmsbee, Mr. Linton was excused. Mr. Drake moved to suspend further pro- ceedings under the call of the house. Mr. Husmann demanded the ayes and noes, which being taken, the ^ote stood as follows: Ayes— Messrs. Bonham, Budd, Davis of Nodaw?,y, Drake, Filley, Folmsbee, Fulker- son, Gamble, Harris, Henderson, Holds- worth, Holland^ Hume, King, McPherson, Peck, Rankin, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, Williams of Scotland, and Mr. President— 24. Noes— Messrs. Bedford, Bush, Clover, Davis of New Madrid, Dodson, D'Oench, Esther, Foster, Gilbert of Lawrence, Gil- strap, Green, Holcomb, Husmann, Leonard, Linton, McKernan, Mack, Morton, New- gent, Smith of Mercer, and Thilenius— 21. Absent with Leave — Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Miartin, Nixdorf, Owens, and Williams of Caldwell— 11. Absent without Leave. — ^Messrs. Evans, Fletcher, Rohrer, St. Gem, and Switzler — 5. Sick— Messrs. Childress, Cowden, Meyer, and Mitchell — 4. So the motion to suspend was agreed to. Mr. Drake offered the following amend-' ment to section third of the substitute : Amend section third by striking out the words "or be hindered in acquiring educa- tion, as shall be provided by law. ' ' Mr. Gkeen offered the following substi- tute for section third of the original article and amendment thereto : Sec. 3. That no person can, on account of color, be disqualihed as a witness, or be liable to any other punishment for any offense than that imposed upon others for a Uke offense; or be subjected, in law, to any other restraints or disqualifications, in regard to any personal rights, than such as are laid upon others under like circumstances. Mr. Gilstrap demanded the previous question, which was sustained. The main question having been ordered, which was, "Shall the substitute of Mr. Green be a,dopted ?' ' Mr. Bush demanded the a.yes and noes, and they being taken, the vot« stood as follows : Ayes — ^Messrs. Bedford, Bush, Clover, Davis of New Madrid, D'Oench, DrakeJ Foster, Green, Henderson, Holcomb, Holdsworth, HoUand, Hushiann, King, Leonard, Linton, McKernan, Rohrer, St. Gem, Thilenius, and Mr. President— 21. Noes — Messrs. Bonham, Budd, Davis of Nodaway, Dodson, Esther, Filley, Fohns- 121 bee, Pulkerson, Gamble, Gilbert of Law- rence, Gilstrap, Harris, Hume, McPherson, a ?«' Morton,- Newgent, Peck, liankln. Smith ot Mercer, Smith of Worth, Strong, J ?S.', "'"^^^""Seii, Switzler, Weatherby. and Williams of Scotland— 27. Absent with Leave— Messrs. Adam^, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Martin, Nixdorf, Owens, and Williams of Caldwell— 11. Absent without Leave— Messrs. Evans and Fletcher — 2. Sick— Messrs. Childress, Cowden, Meyer, and Mitchell— 4. > j . So the substitute of Mr. Green was re- jected. The question then being on the amend- ment offered by Mr. Drake, Mr. Dbakb demanded the ayes and noes thereon, and ^ the vote being taken, stood as foUows: Ayes— Messrs. Bedford, Bush, Davis of New Madrid, D'Oench, Drake, Foster, Pul- kerson, Green, Harris, Henderson, Hol- comb, Holland, Hume, Husmann, King, Leonard, Linton, MoKernan, Morton, Kohrer, St. Gem, Switzler, Thilenius, and Mr. President— 24. Nobs— Messrs. Bonham, Budd, Clover, Davis of Nodaway, Dodson, Esther, Filley, Folmsbee, Gamble,' Gilbert of Lawrence, Gilstrap, Holdsworth, McPherson, Mack, Newgent, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearin- gen, Weatherby, and Williams of Scotland —24. Absent with Leave — ^Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Grammer, Hughes, Martin, Nixdorf, Owens, and Wilhams of Caldwell— 11. Absent without Leave — ^Messrs. Evans and Fletcher— 2. Sick— Messrs. Childress, Cowden, Meyer, and Mitchell— 4. So the amendment was rejected. The question then being on the pending amendment offered by Mr. Clover, Mr. Strong demanded the ayes and noes thereon , which being taken, the vote stood as fol- lows: Ayes— Messrs. Bedford, Bonham, Budd, Bush, Clover, Davis of New Madrid, Dod- son, D'Oench, Drake, Esther, Filley, Fos- ter, Fulkerson, Gilbert of Lawrence, Gil- strap, Green, Harris, Henderson, Holcomb, Holdsworth, Holland, King, Leonard, Lin- ton, McKernan, McPherson, Morton, New- fentj Eohrer, St. Gem, Thilenius, and Mr. resident — 32. Noes — Messrs. Davis of Nodaway, Folms- bee, Gamble, Hume, Mack, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton^ Swearingen, Switzler, Weatherby, and Williams of Scotland — 15. Absent WITH Leave- Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Hughes, Martin,, Nixdorf, Owens, and Williams of CaldweU— 11. Absent without Leave— Messrs. Evans, Fletcher, and Husraann — 3. Sick — ^Messrs. Childress, Cowden, Meyer, and Mitchell — 4. So Mr. Clover's amendment was adopted. Mr. Foster asked leave of absence for Mr. Husmann for two days, which was granted. Mr. Budd asked to be excused from fur- ther duty on the Engrossing Committee; on motion, his request was granted. On motion, the Convention adjourned until Monday morning next at half-past 9 o ' clock . FORTY-THIRD DA.Y. MONDAY, February 27th, 1865. Convention met pursuant to adjournment, the President in the Chair. Prayer by Rev. Mr. Osborne. Mr. Drake offered the following addi- tional rule : When, on the final reading of any arti- cle, the question shall be on ordering the same to be enrolled as a part of the Consti- tution, the question shall be taken on each section of the article separately, and such sections thereof as may be ordered to be enrolled shall be referred to the Enrolling Committee, without a question. Which was laid over under the rules gov- erning the Convention. Mr . HoLC OMB offered the following amend- ment to section third of the article on Decla- ration of Rights, as offered by Mr. Smith of Worth: Strike out ' 'as shall be provided by law, ' ' in sixth line of section third. Pending which, Mr. Green offered the following substitute for section third of the article on Declaralsion of Rights, as offered by Mr. Smith of Worth, which was read: 122 Section 3. That no person can, on account of color, be disqualified as a witness, or be liable to any other punishment than that imposed upon others for like offenses, or be subjected, in law, to any other restraints or disqualiiications in regard to any personal rights than such as are laid upon others under like circumstances; but this section cannot be construed so as to prevent the General Assembly from providing, by law, for the education of colored and white chil- dren in separate schools. Which was withdrawn in favor of an amendment offered by Mr. Smith of Worth, which was read : Add to section third the following: "that this section shall not be so construed as to prevent the General Assembly from provid- ing separate schools for persons of African descent. ' ' The question then being on the amend- ment, offered by Mr. Holcomb, to section third, the amendment was agreed to. Mr. Mack offered the following as a sub- stitute for an amendment to section third, as offered by Mr. Smith of Worth : That no person can, on account of color, be disqualified as a witness, or be prevented from contracting for, acquiring, holding, and transmitting property, or be hindered from establisliing schools, or having schools established by law, or by their own means acquiring education , or be liable to any other punishment for any offense than that im- posed upon others for like offense, or be restricted in the exercise of religious wor- ship, or be subjected, in law, to any other constraints or disqualifications in regard to personal rights than such as are laid upon others under like circumstances. The question then being on the substi- tute offered by Mr. Mack to section third, the substitute was not agreed to. Ml-. SwiTZLBK offered the following as a substitute'for the amendment offered by Mr. Smith of Worth, which was read: Insert after the words "like circum- stances, ' ' in the eighth Une, the following: ' 'but the General Assemblv, in any system it may establish for the education of the colored children of the State, shall provide separate schools for them. ' ' Which amendment was not agreed to. The question then being on the. adop- tion of the amendment of Mr, Smith of Worth, Mr. Drake demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Budd, Glover, Cowden, Davis of New Madrid, Esther, Fulkerson, Gamble, Gilstrap, Green, Harris, Holcomb, Holds worth, Hughes, Hume, Mack, New- fent, Peck, Rankin, Smith of Worth, fcrong, Sutton, Sweaiingen, Switzler, Weatherby, and Mr. President^-25. Noes — Messrs. Bonham, Bush, Davis of Nodaway, Dodson, D'Oench, Drake, Evans, Filley, Folmsbee, Poster, Gilbert ol Law- rence, Henderson, Holland, King, Leonard, Linton, McKeruan, McPherson, Morton, Owens, Eohrer, St. Gem, Smith of Mercer, and Williams of Scotland — 24. Absent with Leave — Messrs. Adams, Barr, Bunce, EUis, Grammer, Husmann, Martin, Nixdorf, and Williams of Caldwell —9. Absent without Leave — Messrs. Bed- ford, Fletcher, Gilbert of Platte, and Thilenius— ^. Sick — Messrs. Childress, Meyer, and Mitchell— 3. So the amendment of Mr. Smith of Worth was agreed to. Mr. Green offered the following amend- ment : Amend twelfth section by striking out all after the word ' 'State, ' ' in the second line, and inserting the following words: "The General Assembly may provide for the incorporation of religious societies, so as to enable them to acquire, hold and transfer, through trustees of their own choosing, such property as may be required for church buildings, parsonages, or burial grounds, and for ijo other purpose;" and strike out the thirteenth section. On motion of Mr. Smith of Mercer, the Convention adjourned until halt-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chau". Mr. Owens requested to be relieved from further duty on the Judiciaiy Committee; and on motion, he was so relieved. On motion of Mr. Davis of New Madrid, leave of absence was granted to Mr. Bedford, on account of sickness. The amendment offered by Mr. Green, to the twelfth and thirteenth sections of the Declaration of Rights, was called up; the question being fii-st upon the amendment to the twelfth section, Mr. St. Gem demanded the ayes and noes, which being taken, the vote stood as follows : Ayes— Messrs. Davis of New Madrid, Gamble, Green, Harris, Holcomb, Mclfer- nan, Morton, Owens, Rohrer, and St. Gem 123 , MOKS— Messrs. Bonham, Clover, Cowden, Davis of Nodaway, Dodson, Drake. Esther, Evaus, Eolmsbee, Fiilkersou, Gilbert of Lawrence, Henderson, Holland, Hughes, Hume, King, Leonard, MoPherson, Mack, Newgent, Peck, Rankin, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Williams of Scotland, and Mr. President —29. Absent with Leave— Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Grammar, Husmann, Martin, Nixdorf, Weatherby, and Williams of Caldwell Absent without Leave— Messrs. Budd, Bush, D'Oench, Filley, Pletqher, Foster. Gilstrap, Holdsworth, Linton, Smith of Mercer, and Switzler— 11. Sick— Messrs. Bedford, ChUdress, Meyer, and Mitchell — 4. So the amendment of Mr. Green to the twelfth section was rejected. Mr. Gkeen then withdrew that part of his amendment relative to section thirteen. The question then being on adopting the substitute of Mr. Smith of Worth for the article on Declaration of Bights, offered by Mr. Bush, Mr. St. Gem demanded the ayes and noes thereon, and the vote being taken stood as follows : Ayes — ^Messrs. Bonham, Clover, Cowden, Davis of Nodaway, Drake, Esther, Evans, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Green, Henderson, Holland, Hughes, Hume, King, Leonard, McPherson, Mack, Morton, Newgent, Peck, Rankin, Rohrer, Smith of Worth, Strong, Sutton, Swearingen, and Thilenius —31. Nobs— Messrs. Davis of New Madrid, Dodson, Harris, Holcomb, McKernan, Owens, St. Gem, Williams of Scotland, and Mr. President— 9. Absent with Leave — Messrs. Adams, Barr, Bunce, Ellis, Gilbert of Platte, Gram- mer, Husmann, Martin, Nixdort Weath- - erby, and WUliams of Caldwell — 11. Absent without Leave — Messrs. Budd, Bush, D'Oench, Filley, Fletcher, Holds- worth, Linton, Smith of Mercer, and Switz- ler— 10. Sick- Messrs. Bedford, Childress, Mfefyer, and Mitchell— 4. So the substitute as offered by Mr. Smith of Worth was adopted . Mr. Strong offered the following amend- ment, which was read and agi'eed to: Amend section nine by adding after the last word ' 'State, ' ' the words "or with the rights of others." On motion of Mr. Dkake, the article on Declaration of Eights was laid on the table for the present. On motion of Mr. Dkake, the Convention resolved itself into a Committee of the Whole to consider amendments to the Con- stitution. After some time spent therein the President resumed the chair, and Mr. Filley reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitu- tion, and particularly the article on the Legislative Department, but had come to no resolution thereon. On motion of Mr. Filley, the Convention adjourned until to-morrow morning at half- past 9 o'clock. forty-fourth: d^y. Convention met pursuant to adjournment, the President in the chair. The following gentlemen were excused for being absent yesterday afternoon : Messrs. D'Oench, Holdsworth, and Linton. Mr. Fletcher was excused from attendance on yesterday, on account of sickness. On motion of Mr. Linton, leave of ab- sence, for one day, was granted to the Sergeant-at-arms . Mr. GiLBEKT of Lawrence asked for leave of absence for this day. Leave granted. TUESDAY, Fbberuay 28th, 1865. Mr. Draicb called uj) the additional rule, offered by him yesterday, and the question being on its adoption, Mr. Hollanb de- manded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — ^Messrs. Bonham, Cowden, Davis of Nodaway, Drake, Ellis', Evans, Folms- bee, Fulkerson, Gilbert of Lawrence, Holdsworth, King, McPherson, Mack, Peck, Smith of Mercer, Strong, Sutton, and Wil- liams of Scotland— 18. Noes— Messrs. Bush, Davis of New Ma- drid, Dodson, D'Oench, Esther, Fletcher, 124 Foster, Gamble, Gilbert of Platte, GUstrap, Green, Harris, Henderson, Holcomb, Hol- land, Hughes, Hume, Leonard, Linton, McKernan, Morton, Newgent, Owens, Bohrer, St. Gem, Smith of Worth, Swear- ingen, Switzler, and Mr. President— 29. Absent with Leave — Messrs. Adams, Barr, Bunce, Grammer, Maitin, Nixdorf, Weatherby, and WilUams of Caldwell — 8. Absent without Leave — Messrs. Budd, ■Clo,v^r, FUley, Husmann, Kankin, and Thi- lenius — 6. Sick — ^Messrs. Bedford, Childress, Meyer, and Mitchell — i. So the additional rule was rejected. On motion of Mr. Owens, the Conven- tion adjourned until half-past two o'clock, P. M. AFTBUNOOBT SESSION. Convention met pursuant to adjom-nment, the President in the chair. Mr. BoNHAM moved to take up the report of the Committee on Loyalty, which motion was temporarily withdrawn. Mr. St. Gem asked leave of absence for six days, which was granted. Mr. Fostek asked leave of absence for this evening, which was granted. Mr. Owens offered the following resolu- tion: Resolved, That this Convention will ad- journ sine die on the 20th day of March, 1865. Mr. Peck offered the following substitute therefor: Resolved, That this Convention adjourn sine die so soon as our work is done, and weU done, and not before. Which was decided out of order. Mr. Newgent offered the following amend- ment to the resolution offered by Mr. Owens: Strikeout "March 20, 1865," and insert in lieu thereof, April 1, 1865. ' ' On which Mr Gilstkap demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Davis, of New Madrid, Dodson, Fletcher, Foster, Gilbert of Platte, Gilstrap, Green, Harris, Hughes, Linton, Newgent, Owens, St. Gem and Switzler —14. Noes — ^Messrs. Bonham, Budd, Clover, Cowden, Davis of Nodaway, Drake, Ellis, Esther, Evans, Polmsbee, Pulkerson, Gam- ble, Henderson, Holcomb, Holds worth, Holland, Hume, King, Leonard, McKernan, McPherson, Mack, Morton, Peck, Eankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Williams of Scotland, and Mr. President — 32. Absent with Leave- Messrs. Adams, Barr, Bunce, Gilbert of Lawrence, Gram- mer, Martin, Nixdorf, Weatherby, and Wil- liams of Caldwell — 9. Absent without Leave — ^Messrs. Bush, D'Oench, Filley, Husmann, Rohrer, and Thilenius— 6. Sick— Messrs. Bedford, Childress, Meyer, and Mitchell — 4. So the amendment offered by Mr. New- gent was rejected. The question then being on the resolution offered by Mr. Owens, Mr. Gilstkap de- manded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Bush, Davis of New Ma- drid, D'Oench, Fletcher, Foster, Gilbert of Platte, Gilstrap, Green, Harris, Morton, Newgent, Owens, St. Gem, and Switzler — 14. Noes — Messrs. Bonham, Budd, Clover, Cowden, Davis of Nodaway, Dodson Drake, EUis, Esther, Evans, Folmsbee, Ful- kerson. Gamble, Henderson, Holcomb, Holds worth, Holland, Hughes, Hume, King, Leonard, Linton, McKernan, Mc- Pherson, Mack, Peck, Eankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Williams of Scotland, and Mr. President — 34. Absent with Leave — Messrs. Adams, Barr, Bunce, Gilbert of Lawrence, Gram- mer, Martin, Nixdorf, AVeatherby, and Wil- liams of Caldwell — 9. Absent wiihout Leave — ^Messrs. Filley, Husmann, Rohrer, and Thilenius— 4. Sick — ^Messrs. Bedford, Childress, Meyer, and Mitchell — 4. So the resolution was rejected. On motion of Mr. Owens, the report of the Committee on Loyalty was made the special order of the day for to-morrow. On motion of Mr. Gilsteap, the Conven- tion resolved itself Into a Committee of the Whole, to take under consideration amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Bonham reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and particularly the arti- cles on the Legislative Department and the Executive Department, but had come to no resolution thereon. On motion of Mr. Green, the Convention adjourned until half-past 9 o'clock to- morrow morning. 125 forty-fiitth: ida.y. Convention met pursuant to adjournment, the President in the Chair. Prayer by Eev. Mr. McCook. On req^uest of Mr. Husmann, he was ex- cused for being absent yesterday. The special order for the day being the report of the Committee on Loyalty of Mem- bers, the case of Thomas B. Harris was taken up. Pending which, Mr. Fostbr olFered the following resolution : Resolved, That that portion of the report of the Committee on liOyalty of Members contained in these words, to-wit — "The Committee on Loyalty of Mpmbers beg leave to report that they have had under consid- eration the case of Thomas B. Harris, of Callaway county, and are of the opinion that he is disloyal' '—be adopted. Pending which, Mr. Likton offered the following, as a substitute: Uesolved, That facts in the case of T. B. Harris, Esq., charged with disloyalty, do not justify his expulsion from this body. Mr. Owens offered the following: Resolved, That this Convention may, with the concurrence of two-thirds of its mem^ bers, expel a member; but no member shall be expelled a second time for the same ofiense. Mr. BoNHAM oftered the following amend- ment to the resolution offered by Mr. Owens : Amend by striking out the word "two- thirds, ' ' and insert ' 'majority of the mem- bers elected to this Convention. ' ' On which Mr. Bonham demanded the ayes and noes, and the vote being taken stood as follows : Ayes — ^Messrs. Bonham, Bush, Clover, Davis of Nodaway, Dodson, Drake, Ellis, Puley, Fletcher, Folmsbee, Foster, Fulker- son, Gilbert of .Lawrence, Henderson, Hol- comb, Holdswdrth, Holland, Hume, Leon- ard, McKernan, McPherson, Peck, Rankin, Smith of Mercer, Strong, Sutton, Thilenius, and Williams of Scotland— 28. NoEa— Messrs. Bedford, Childress, Cow- den, Davis of New Madrid, D'Oench, Esther, Gamble, Gilbert of Platte, Gilstrap, Green, Hughes, Husmann, King, Linton, Mack, Morton, Newgent, Owens, Rohrer, St. Gem, Smith of Worth, Swearingen, Switzler, and Mr. Presiden^-24. WEDNESDAY, March 1st, 1865, Absent with Leave — Messrs. Adams, Barr, Bunce, Grammer, Martin, Nixdorf, Weatherby, and Williams of Caldwell— 8. Absent without Leave — ^Messrs. Budd and Evans — 2. Sick— Messrs. Meyer and Mitchell — 2. Excused from Voting — Mr. Harris — ^1. So the amendment offered by Mr. Bonham was adopted. The question then being on the original resolution as amended, Mr. St. Gem de- manded the ayes and nays thereon, and the vote being taken, stood as follows: Ayes — ^Messrs. Bonham, Bush, Childress, Clover, Cowden, Davis of Nodaway, Dod- son, D'Oench, Drake, Ellis, Filley, Fletch- er, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holoomib, Holdsworth, Holland, Hume, King, Leon- ard, Linton, McKernan, McPherson, Mack, Newgent, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Thilenius, Williams of Scotland, and Mr. President— 38. Noes — Messrs. Bedford, Davis of New Madrid, Esther, Gilbert of Platte, Gilstrap, Green, Hughes, Husmann, Morton, Owens, Rohrer, St. Gem, Swearingen, and Switz- ler— 14. Absent WITH Leave — Messrs. Adams, Barr, Bunce, Grammer, Martin, Nixdorf, Weatherby, and Williams of Caldwell— 8. Absent without Leave — Messrs. Budd and Evans — 2. Sick — Messrs. Meyer and Mitchell — 2. Excused prom Voting— Mr. Harris— 1. So the original resolution, as amended, was adopted . On motion of Mr. Bonham, the Conven- tion adjourned until half-past 2 o'clockP. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the Vice President in the chair. A call of the house being ordered, the following gentlemen responded to their names : Messrs. Bonham, Budd, Childress, Cow- den, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Fletcher, Folmsbee, Foster. Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Green, Harris, Henderson, Holdsworth, Holland, Hughes, Hume, Husmann, King, LeonaM, Linton, McKernan, McPherson, Mack, Morton, Newgent, Owens, Peck, 126 Rankin, Smith of Mercer, Smith of Worth, Sti'ong, Sutton, Swearingen, Switzler, and Thilenius— 43. AbsbjSTT with Leave — ^Messrs. Adams, Barr, Bunce, Grammer, Martin, Nixdorf, St. Gem, Weatherby, and Williams of Caldwell— 9. Absent without Leave — ^Messrs. Bed- ford, Bush, Clover, ElUs, Evans, Filley, Fulkerson, Hoi comb, Rohrer, Williams of Scotland, andBIr. President — 11. Sick — Messrs. Meyer and Mitchell — 2. On motion of Mr. Holland, further pro- ceedings under the call were dispensed with. On request of Mr. Gbeen, leave of absence was granted to him for days. Mr. Gamble offered the following reso- lution : Resolved, That Thos. B. Harris be permit- ted to employ counsel in his defense. Mr. Foster offered the following amend- ment to said resolution : Amend by adding, ' 'and that the Conven- tion may employ a prosecuting attorney." After debate, Mr. Gamble withdrew his resolution. On motion of Mr. Postek, the rule governing the Convention, confining its members to fifteen minutes' time each in speaking, was suspended for the special benefit of Mr. Harris. On motion of Mr. Kkekel, the fifteen - minute rule was suspended during the consideration of Mr. Harris' case. Mr. Dkakb offered the foUo-ning resolu- tion: Resolved, That the case of Mr. Harris be recommitted to the select committee, with authority to receive additional evidence for and against him, and with instructions to report such additional evidence at as early a day as practicable; and that Mr. Harris have notice of the time and place of taking evidence against him. Mr. Bush moved that the case of Mr. Harris be postponed indefinitely; which motion he modified by striking out the word ' 'indefinitely, ' ' and inserting in lieu thereof, "the 4th day of July next. ' ' Pending which, Mr. Gilbert of Lawrence moved that the Convention adjourn; on which motion, Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — ^Messrs, Budd, Childress, D'Oench, Ellis, Esther. Foster, Fulkerson , Gilbert of Lawrence, Gilbert of Platte, Henderson, Holland, Hughes, Husmann, Mack, Peck, Rankin, Rohrer, Strong, Sutton, Swearin- gen, Switzler, and Thilenius — 22. Noes — Messrs. Bush, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, Drake, Folmsbee, Gamble, Gilstrap, Hol- comb, Holdsworth, Hume, King, Leonai'd, Linton, McPherson, Morton, Newgent, Owens, Smith of Mercer, Smith of Worth, and Mr. President — 22. Absent with Leave — Messrs. Adams, Barr, Bmice, Grammer, Green, Martin, Nixdorf, St. Gem, Weatherby, and Williams of Caldwell— 10. Absent without Leave — ^Messrs. Bed- ford, Clover, Evans, Fletcher, and Williams of Scotland— 7. Sick— Messrs. Bonham, Meyer, and Mitchell— 3. Excused — Mr. Harris — 1. So the motion was rejected. Mr. Owens moved that all evidence in the Harris case, not properly attested, should, by common consent of the Convention, be con- sidered as properly attested; which motion was disagreed to. On motion of Mr. Foster, the Convention adjourned until half-past 9 o'clock to-mor- row morning. FORTY-SIXTH DA.Y. Convention met pursuant to adjournment, the Vice President in the chair. On request of Mr. Krekel, he was ex- cused for being absent yesterday at roll call. Mr. Holdsworth was also excused. Mr. Evans was excused for being absent yesterday afternoon , on account of sickness. Mr. Kkekel moved to reconsider the vote THURSDAY, March 2d, 1865. by which the resolution relative to expelling members was adopted yesterday; which motion was withdrawn. Mr. Husmann asked leave of absence for Mr. Bush for this day, which was granted. Mr. Rohrer asked leave of absence for Mr. Esther for ten days, on account of sickness in his family, which was granted. 127 Mr. Martin asked that the leave of absence granted to the Sergeant-at-arms be extended indefinitely, on account of extreme sickness in his family, which was agreed to. The motion of Mr. Drake to recommit the evidence in, and the motion of Mr. Bush to postpone, the case of Mr. Harris, made on yesterday afternoon, were called up. Mr. Clover asked for leave of absence for this forenoon, which was granted. The question then being on postponing further proceedings in the Harris case until July 4, 1865, Mr. Holland demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayks — Messrs. Davis of New Madrid, Gamble, King, Linton, and Owens — 5. Nobs — Messrs. Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Noda- way, Dodson, D'Oench, Drake, EUis, Esther, Evans, Pilley, Folmsbee, Foster, Fulkerson, Gilbert of Lawrence, , Gilbert of Platte, Gilsti'ap, Henderson, Holcomb, Holdsworth, Holland, Husmann, Leonard, McKernan, McPherson, Mack, Martin, Morton, Newgent, Peck, Rankin, Eohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Thilenius, WiUiams of Scotland, and Mr. President Absent with Leave — Messrs. Adams, Barr, Bush, Grammer, Green, Nixdorf, St. Gem, Weatherby, and "Williams of Cald- well— 9. Absent without Leave — Messrs. Bed- ford, Fletcher, Hughes, and Hume — i. Sick — ^Messrs. Meyer and Mitchell — 2. Excused from voting — Mr. Harris — 1. So the motion to postpone was disa- greed to. Mr. Budd requested leave of absence for this day, which the Convention refused to grant. Mr. Owens offered the following as a sub- stitute for Mr. Drake's resolution: Resolved, That the case of Mr. Harris be recommitted to the select committee, with authority to receive additional evidence for or against him; and that they shall have power to send for persons and papers, and thev shall so examine the witnesses against the'aecused, and permit him to cross-exam- ine them it he sees fit, and they shall exam- ine all vsdtnesses that the accused may bring before them, and may cross-examine them, and that the accused may be heard, before the committee, by counsel. Pending which, on request of Mr. Budd, leave of absence was granted him for this afternoon. ' Mr. Holland oflered the following as an amendment to Mr. Owens' resolution: And that the Committee be required to report as soon as practicable. Which amendment was accepted by Mi-. Owens . On motion, the Convention adjourned untU half-past 2 o'clock, P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The pending question being on the substi- tute offered by Mr. Owens for the resolution offered by Mr. Drake, Mr. Holland de- manded the ayes and noes thereon, which being talcen, the vote stood as follows: Ayes — ^Messrs. Clover, Gilbert of Platte, and Switzler — 3. Nobs — Messrs. Bonham, Bunce, Chil- dress, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Esther, Folmsbee, Foster,. Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holcomb, Holdsworth, Holland, Husmann, King, Leonard, McKernan, Mc- Pherson, Mack, Morton, Newgent, Peck, Ranlcin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Wil- liams of Scotland, and Mr. President — 36. Absent with Leave — Messrs. Adams, Barr, Budd, Bush, D'Oench, Evans, Fillw, Fletcher, Grammer, Green, Nixdorf, St. Gem, Weatherby, and Williams of Cald- well— 14. Absknt without Leave — ^Messrs. Bed- ford, Davis of New Madrid, GUstrap, Hughes, Hume, Linton, Martin, Owens, and Rohrer —9. Sick — ^Messrs. Meyer and Mitchell — 2. Excused from Voting — ^Mr. Harris — 1. So the substitute was disagreed to. The question then being on Mr Drake's resolution to recommit, Mr. Holland de- manded the ayes and noes thereon, and the vote being taken stood as follows: Ayes — Messrs, Clover, Cowden, D'Oench, Drake, Esther, Evans, Gamble, Gilbert of Platte, Gilstrap, King, Linton, Martin, Morton, Owens, Smith of Worth, and Switzler— 16. Noes — Messrs. Bonham, Bunce, Chil- dress, Davis of Nodaway, Dodson, Eljis, Folmsbee, Foster, Fullcerson, Gilbert of Lawrence, Henderson, Holcomb, Holds- worth, Holland, Hughes, Husmann, Leon- ard, McKernan, McPherson, Mack, New- gent, Peck, Rankin, Rohrer, Smith of Mer- cer, Strong, Sutton, Swearingen, Thilenius, Williams of Scotland, and Mr: President — 31 . 128 Absent with Leavb — Messrs. Adams, Barr, Budd, Bush, Grammer, Green, Nix- dorf, St. Gem, Weatherby, and Williams of Caldwell— 10. Absent without Leave — Messrs. Bed- ford, Davis of New Madrid, FiUey, Fletcher, and Hume — 5. Sick — Messrs. Meyer and Mitchell — 2. Excused from Voting — ^Mr. Harris — 1. So the resolution was rejected. The question then recurred on the follow- ing resolution, offered by Mr. Foster yes- terday: Resolved, That that portion of the report of the Committee on Xoyalty of Members contained in these words, to-wit — "The Committee on the Loyalty of Members beg leave to report that they have had under con- sideration the case of Mi'. Thomas B. Har- ris, of Callaway county, and are of the opinion that he is disloyal" — be adopted — And for which Mr. Linton had offered the following substitute: Resolved, That the facts in the case of T. B. Harris, Esq., charged with disloyalty, do not justify his expulsion trom this body — Mr. Linton withdrew his substitute, and Mr. Drake offered the following as a sub- stitute for Mr. Foster's resolution, which was accepted by Mr. Foster: Resolved, That the seat of Thomas B. Har- ris, a member of this body, be, and the same is hereby, declared vacant. Mr. Owens offered the following resolu- tion: Resolved, That this Convention may, with the concurrence of a majority of the mem- bers elected to this body, declare a^seat of a member vacant. A call of the house was ordered, and the following gentlemen responded to their names : Messrs. Bonham, Bunce, Childress, Clo- ver, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Filley, Polmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, GUbert of Platte, Gilstrap, Har- ris, Henderson, Holcomb, Holdsworth, Holland, Hughes, Husmann, King, Leon- ard, Linton, McKeman, McPherson, Mack, Martin, Morton, Newgent, Owens, Peck, Rankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Swdtz- ler, Thilenius, Williams of Scotland, and Mr. President — 50. Absent with Leave — ^Messrs. Adams, Barr, Budd, Bush, Grammer, Green, Nixdorf, St. Gem, Weatherby, and Wil- liams of Caldwell — 10. Absent without Leave — Messrs. Bed- ford, Fletcher, and Hume — 3. Sick — ^Messrs. Meyer and Mitchell — 2. Mr. Peck moved a suspension of further proceedings under the call, which was agreed to. Leave of absence was granted to Mr. Bohrer for one day. On motion of Mr. Drake, the Convention adjourned until half-past 9 o 'clock to-morrow morning. FORTY-SEVEISTTH D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Dr. Post. The following additional rule was offered by Ml'. Drake: When the previous question shall be moved, but shall not be demanded by two- thirds of the members present, the pending matter shall not thereby go over to another day, but the Convention may immediately proceed with the matter, as if the previous question had not been moved. Mr. Hume was excused for being absent yesterday, on account of usickness. Mr. Clover moved the previous question, on which motion, Mr. Owens demanded the FRIDAY, March 3d, 1865. ayes and noes, and the vote being taken, stood as follows : Ayes — ^Messrs. Bonham, Budd, Bunce, Childress, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Law- rence, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Leonard, Linton, McKeman, McPherson, Mack, Martin, Newgent, Nixdorf, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, and Williams of Scotland— 39. Noes— Messrs. Clover, Davis of New Ma- drid, Fletcher, Gilbert of Platte, Harris, Morton, Owens, Switzler, and Mr. President —9. Absent with Leave — Messrs. Adams, 129 Barr, Esther, Grammer, Green, Rohrer, St. Gem, Weatherby, and WUliams of Cald- well— 9. Absent without Lbavb— Messrs. Bed- ford, Bush, D'Oench, Filley, Gilstrap, and Thilenius— 6. Sick— Messrs. Meyer and Mitchell— 2. So the previous question was sustained. The question then being on the additional rule oflered by Mr. Drake, Mr. Dkake called for the ayes and noes thereon, and the vote being taken, stood as follows: Ayes- Messrs. ^onham, Budd, Bunce, Bush, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Folmsbee, Poster, Fulkerson, Gamble, Gil- bert of Lawrence, Henderson, Holcomb, Holds worth, Holland, Hughes, Hume, Husmann, King, Leonai-d, Linton, McKer- uan, McPherson, Mack, Martin, Newgent, Nixdorf, Peck, Rankin, Smith of Mercer, Smith ofWorth, Strong, Sutton, Swearingen, and Williams of Scotland — il . Noes — Messrs. Davis of New Madrid, Gilbert of Platte, Harris, Owens, Switzler, and Mr. President — 6. Absent with Leave — Messrs. Adams, Barr, Esther, Grammer, Green, Rohrer, St. Gem, Weatherby, and Williams of GaldweU— 9. Absent without Leave — ^Messrs. Bed- ford, D'Oench, Filley, Fletcher, Gilstrap, Morton, and Thilenius — 7. Sick— Messrs. Meyer and Mitchell— 2. So the additional rule was adopted . Mr. Holcomb called up the following resolution, oflered by him yesterday : Resolved, That the Secretary of this Con- vention be allowed ten cents for each and everj' hundred words and figures of the proceedings of this Convention, copied on the jouruS, and that he be paid out of the fund appropriated to defray the expenses of this body. To wliich Mr. Drake offered the foUovring as a substitute : Resolved, That the Secretai-y of this Con- vention be allowed, after the final adjourn- ment of the Convention, ten cents for each hundred words and figures of the journal of this body, furnished by him for the printing tJiereof. Which was adopted as a substitute, and agreed to. Mr. Hughes offered the following resolu- tion: Resolved, That when this Convention ad- journs on Friday afternoon, March 3, 1865, it adjourn to meet in the Hall of Represen- tatives ol Jeflferson City, on Tuesday, March 7, at 10 o'clock a. M. Which was read, and, on motion, laid over. A eommunicijtion from the Lj'on League of Howard county, Missouri, dated Glasgow, Missouri, February 26, 1865, denouncing the acts of certain persons, and relative to, and siistaining the action of, the Missouri State Convention, sig-ned by sixty members, was read for information, and laid on the table. On the request of Mr. Gilbert of Platte, leave of absence was granted him until Thursday next. On motion of Mr. Foster, the Convention adjourned until half-past 2 o'clock p. M. AFTERNOON SESSION. Convention met pursuant to adjoui'nment, the President in the chair. Mr. Gilbert of Lawrence moved that the Sergeaut-at-arms be interrogated by Mr. Folmsbee relative to certain evidence taken by him in the Harris case; which motion was withdrawn. The resolution oflered by Mr. Hughes, relative to the adjournment to Jefferson City, was taken up. Mr. Owens offered the following amend- ment thereto: And that the members shall not be entitled to per diem for Saturday, Sunday and Monday, nor any mileage in going to or returning from Jefferson City. Mr. Owens moved the previous question, which was sustained. The question then being on the amend- ment oflered by Mr. Owens to the resolution of Mr. Hughes, Mr. Owens demanded the ayes and noes thereon, which being taken, the vote stood as follows : Ayes — ^Messrs. Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Noda- way, Folmsbee, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Harris, Hughes, Linton, Mack, Martin, Owens, Peck, Rankin, Smith of Mercer, Strong, Switzler, and Williams of Scotland— 23. Nobs— Messrs. Bush, Dodson, Drake, Ellis, Evans, Filley, Foster, Fulkerson, Gamble, Henderson, Holcomb, Holdsworth, Holland, Hume, Husmann; Ejng, McKernan, McPherson, Meyer, Morton, l^wgent, Nix- dorf, Rohrer, Smith of Worth, Sutton, Swearingen, Thilenius, and Mr. President ■28. Absent with Leave— Messrs. Adams, Barr, Esther, Grammer, Green, St. Gem, Weatherby, and Williams of Caldwell— 8. Sick— Mr. Mitchell— 1. 130 Absent without LEAVB—Messrs. Bed- ford, Davis of New Madrid, D'Oench, Fletcher, and Leonard— 5. So the amendment was rejected. Mr. Owens moved the previous question, on which he demanded the ayes and noes ; and the vote being taken, stood as tollows: Ayes— Messrs. Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Noda- way, Dodson, Drake, Ellis, Evans, FUley, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Har- ris, Henderson, Holcomb, Holdsworth, Hume, King, McPherson, Mack. Martin, Meyer, Morton, Newgent, Nixdorf, Owens, Peck, Eankin, Smith of Mercei-, Strong, Sutton, Switzler, Williams of Scotland, and Mr. President~40. Noes— Messrs. Bush, Foster, Holland, Hughes, Husmann, Linton, McKernan, Eohrer, Smith of Worth, Swearingen, and Thilenius — 11. Absent with Leave — Messrs. Adams, Barr, D'Oench, Esther, Grammer, Green, St. Gem, Weatherby, and Williams of Cald- well— 9. Absent without Leave — Bedford, Davis of New Madrid, Fletcher, and Leonard— 4. Sick— Ml-. Mitchell— 1. So the previous question was sustained. The question then being on the resolution offered by Mr. Hughes, relative to adjourn- ing to Jefferson City, Mr. Bonham demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Bunce, Bush, Davis of New Madrid, Foster, Gilbert of Lawrence, Gilstrap, Holcomb, Holland, Hughes, Hume, Husmann, McKernan, Nixdorf, Eankin, Rohrer, Smith of Worth, Thilenius, and Williams of Scotland— 18. Nobs— Messrs. Bonham, Budd, Childress, Clover, Cowden, Davis of Nodaway, Dod- son, Drake, Ellis, Evans, Filley, Folmsbee, Fulkerson, Gamble, Gilbert of Platte, Har- ris, Henderson, Holdsworth, King, Linton, McPherson, Mack, Martin, Meyer, Morton, Newgent, Owens, Peck, Smith of Mercer, Strong, Sutton, Swearingen, Switzler, and Mr. President>-34. Absent with Leave — ^Messrs. Adams, Barr, D'Oench, Esther, Grammer, Green, St. Gem, Weatherby, and Williams of Cald- well— 9. Absent without Leave — Messrs. Bed- ford, Fletcher, and Leonard — 3. Sick- Mr. Mitchell— 1. So the resolution was rejected. On request of Mr. Foster, leave of ab- sence was granted him for two days. On request of Mr. Strong, leave of ab- sence was granted him for one day. On motion of Mr. Drake, the invitation from the Mayor of St. Louis and the Cham- ber of Commerce, to the members of this Convention, to participate in the celebration and procession, on March 4, 1865, was unanimously accepted. On request of Mr. Evans, leave of absence was granted him for three days. On request of Mr. Bedford, leave of ab- sence was gi-anted him for ten days, on ac- count of sickness in his family. On motion of Mr. Martin, the Conven- tion adjourned until half-past 9 o'clock, Monday morning. FORTY-EiaHTEC D^Y. The Convention met pursuant to adjourn- ment, the Vice President in the chair. Prayer by Rev. Mr. Bradley. On request of Mi-. Nixdorf, leave of ab- sence )vas granted to Mr. McKernan for two days. The resolution of Mr. Drake, relative to vacating the seat of Mr. Thomas B. Harris, was called up. Mr. Hughes moved the previous question, which was not sustained; and the Conven- tion proceeded with the consideration of the pending question. On motion of Mr. Switzler, the Conven- tion adj ourned until half-past 2 o' clock P . M . MONDAY, March 6th, 1865. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the Chair. Mr. Linton offered the foUomng substi- tute to the pending resolution of Mr. Drake: Resolved, That Thomas B. Harris, Esq., be, and he is hereby, expelled from a seat in this Convention. Mr. Owens, of the Committee on Judi- ciary, offered the following minority report: Mr. President- The undersigned, a member of the Committee on the Judiciary Department, beg leave to report that he dissents from the report of the majority of the committee, and he hopes the Conven- 131 tion will not adopt the "ordinance' ' recom- mended by the committee. JAS. W. OWENS. Mr. Drake moved the previous question, which was seconded, and the main question ordered, and under the operation thereof the substitute offered by Mr. Linton was re- jected by the following vote : Ayes— Messrs. Budd, Childress, Clover, Cowden, Davis of New Madrid, D'Oench, Gamble, Hughes, Linton, Mack, Martin, Morton, Owens, Switzler, and Mr. Presi- dent — 15. Nobs — Messrs. Barr, Bonham, Budd, Bunce, Davis of Nodaway , Dodson, Drake, Ellis, Filley, Fletcher, Folmsbee, Fulker- son, Gilbert of Lawrence, Henderson, Hol- comb, Holdsworth, Holland, Hume, King, Leonard, McPherson, Newgent, Nixdorf, Peck, Rankin, Rohrer, Smith of Mercer, Sutton, Swearihgen, ThUenius, and WU- liams of Caldwell— 31. Absent with Leave — Messrs. Adams, Bedford, Esther, Evans, Foster, Gilbert of Platte, Grammer, Green, McKernan, Smith -of Worth, Strong, and Weatherby— 12. Absent without Leave — Messrs. Hus- mann, Meyer, St. Gem, and Williams of Scotland — 4. Sick— Mr. Mitchell— 1. Excused from Voting — ^Mr. Harris — 1. Paired Off— Messrs. GUstrap and Strong —2. A call of the house was then ordered, and the following gentlemen responded to their names : Messrs. Barr, Bonham, Budd, Bunce, Bush, Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, D'Oench, Drake, EUis, Filley, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Henderson, Holcomb, Holdsworth, Holland, Hughes, Hume, King, -Leonard, Linton, McPherson, Mack, Mar- tin, Meyer, Morton, Newgent, Nixdorf, Owens, Peck, Rankin, Bohrer, Smith of Mercer, Sutton, Swearingen, Switzler, Thi- lenius, WiUiams of Caldwell, and Mr. Presi- dent^-48. , , Absent with LEAVE-^Messrs. Bedford, Esther, Evans, Foster, Gilbert of Platte, Grammer, Green, McKernan, Smith of Worth, Strong, and Weatherby— 12. Absent without Leave— Messrs. Har- ris, Husmann, St. Gem, and Williams of Scotland — 4. Sick— Mr. Mitchell— 1. On motion of Mr. Drake, further pro- ceedings under the call were dispensed with. The question then being on the resolution ofifered by Mr. Drake, as amended, to-wlt: Resolved, That the seat of Thomas B . Har- ris, a member of this body, be and the same is hereby vacated, and that his name be struck from the roll of the Convention. Mr. Owens demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Bunce, Davis of Nodaway, Dodson, Drake, EUis, Filley, Fletcher, Folmsbee, Fulkerson, Gil- bert of Lawrence, Henderson, Holcomb, Holdsworth, Holland, Hume, Leonard, Mc- Pherson, Newgent, Nixdorf, Peck, Rankin, Rohrer, Smith of Mercer, Sutton, Swearin- gen, Thilenius, Williams of Caldwell, and Mr. President-30. Noes — Messrs. Budd, Bush, Childress, Clover, Cowden, Davis of New Madrid, D'Oench, Gamble, Hughes, King, Linton, Mack, Martin, Morton, Owens, and Switz- ler— 16. Absent with Leave- Messrs. Adams, Bedford, Esther, Evans, Foster, Gilbert of Platte, Grammer, Green, McKernan. Smith of Worth, Strong, and Weatherby— 12. Absent without Leave — ^Messrs. Hus- mann, Meyer, St. Gem, and Williams of Scotland — 4. Sick — Mr. Mitchell — 1. Excused from Voting — Mr. Harris— 1. Paired Off — Messrs. Gilstrap and Strong. The Convention refused to excuse Mr. Gilstrap from voting, on account of having paired ofi with Mr. Strong, who was then absent. Mr. Gilstrap thereupon refused to vote. So the resolution was adopted. Mr. Clover, Chairman of the special committee to which was referred the resolu- tion relative to the St. Gem case, presented the following report: The special committee to whom was re- ferred the resolutions respecting the Case Of Gustavus St. Gem, member of the Conven- tion from the Twenty-third Senatorial Dis- trict, charged with the utterance of certain declarations respecting the Convention, at a public meeting held at Turner Hall, in the city of St. Louis, on the 18th day of Feb- ruary last, respectfully report: That Mr. St. Gem, having emphatically disclaimed, to the committee as well as to the Convention, any offensive or disrespect- ful meaning toward the Convention in the expressions made use of by him on the oc- casion referred to, your committee recom- mend that no further action be taken in the matter, and ask to be discharged from the further consideration of the case. ■ (Signed) H. A. CLOVER^ ^ ^ M. L. LINTON, J. WttLLVMS, March 6, 1865. A. G. NEWGENT. ' On motion of Mr. Holland, the report, as offered by Mr. Clover, was received and adopted. On motion of Mr. Holland, the Conven- tion adjourned till half-past 9 o'clock to- morrow morning. 132 FORTY-lSrilSrTH: D^Y. Convention met pursuant to adjournment, the President in the chair. On request of Mr. Bcdd, leave of absence was granted him for this day. On request of Mr. Bush leave of absence was granted to Mr. Husmann for two days. On motion of Mr. Bush, the article on Banks and Corporations was taken up and read a second time by its title. Mr. Drake moved that the article on Banks and Corporations be referred to the Commit- tee of the Whole; which motion was dis- agreed to. On motion of Mr. Bush, the article on Banks and Corporations was laid over tem- porarily. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to take into consideration amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Baer reported that the Com- mittee of the Whole had, according to order, had mider consideration amendments to the Constitution, and particularly the article on the Executive Power, and reported the same back to the Convention, with amendments; also, had had under consideration the article on the Legislative Department, but had come to no resolution thereon. Mr. Linton offered the following preamble and resolution: Whereas, Several articles have appeared in a daily paper, called the Missouri Republi- can, of this city, charging with disloyalty Messrs. Newgent, Fulkerson, Holcomb and Holland, members of this Convention; Resolved, That the Special Committee on Loyalty be instructed to inquire into the truth or falsity of said charges, and report to this body at as early a day as possible. Mr. Drake moved to lay on the table the preamble and resolution offered by Mr. Linton; on which motion he demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Bonham, Clover, Cowden, Dodson, Drake, King, McPherson, Mack, Peck, Sutton, and Williams of Scotland— 11. Noes— Messrs. Barr, Bunce, Bush, Chil- dress, Davis of Nodaway, D'Oench, Fulker- son, Gamble, Gilbert of Lawrence, Gilstrap, TUESDAY, March 7th, 1865. Henderson, Holcomb, Holds worth, Holland, Hughes, Hume, Linton, Morton, Newgent, Nlxdorf, Rankin, St. Gem, Strong, andMr. President — 24. Absent with Leave— Messrs. Adams, Budd, Esther, Evans, Foster, Gilbert of Platte, Grammer, Gi'een, Husmann, Mc- Kernan, Smith of Worth, and Weatherby — 12. Absent without Leave — ^Messrs. Bed- ford, Davis of New Madrid, Ellis, FiUey, Fletcher, Folmsbee, Leonard, Mai-tin, Meyer, Owens, Rohrer, Smith of Mercer, Swearingen, Switzler, Thilenius, and Wil- liams of Caldwell — 16. Sick— Mr. MitcheU— 1. " So the motion was rejected. On motion of Mr. Gilbert of Lawrence, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Holland offered the following amend- ment to the resolution of Mr. Linton : Strike out all after the word "charges," in ninth line, and insert, "and that the committee be Instructed to keep the following notice in the Missouri Republican for two weeks, viz: ' 'Any person knowing any act or word of disloyalty committed or spoken by Messrs. Newgent, Fulkerson, Holcomb or Holland, at anytime since the beginning of this rebel- lion, will please transmit the evidence thereof, mider oath, to the undersigned committee without delay. ' ' And the committee are hereby further instructed, in ease they find good reasons for suspecting that said gentlemen, or any one of them, have not always in good faith opposed the rebellion,, to report to this Conven- tion all the evidence in the case. And the committee ai-e further instructed that state- ments under oath will be received as evidence for and against the accused. Mr. Drake moved the indefinite postpone- ment of Mr. Linton's resolution, and the amendment offered by Mr. Holland; on which he demanded the ayes and noes, and the vote being taken, stood as follows: Ayes- Messrs. Bonham, Bunce, Bush, Childress, Clover, Cowden, Davis of Noda- way, Dodson D'Oench, Drake, Filley, Folmsbee, Gilbert of Lawrence, Henderson, Holdsworth, Hughes, Hume, King, Mo- 133 Pherson, Mack, Meyer, Morton, Nixdorf, Peek, Rankin, Smith of Mercer, Sutton, Swearingen, Svvitzler, Williams of Caldwell, Williams of Scotland, and Mr. President —32. ' Noes— Messrs. Fletcher, Gamble, Leon- ard, Martin, Owens, Eohrer, St. Gem, and Strong — 8. Absent with Leave- Messrs. Adams, Bedford, Budd, Esther, Evans, Foster, Gilbert of Platte, Grammer, Green, Hus- mann, McKernan, Smith of AVorth, and Weatherby— 13. Absent without Leave — ^Messrs. Barr, Davis of New Madrid, Ellis, Gilstrap, Lin- ton, and Thilenius — 6. Not Voting — Messrs. Fulkerson, Hol- comb, Holland, audNewgent — 4. Sicif— Ml-. Mitchell— 1. So the motion was agreed to. Mr. Maetin requested to be relieved from further duty on the Committee on Loyalty. On motion of Mr. Folmsbkb, Mr. Mar- tin was so relieved. Mr. Bush was, by order of the President, added to the Committee on Loyalty. On motion of Mr. Dkaice, the article oh the Executive Power, with the amendments as reported back from the Committee of the Wliole, was taken up; and on which, the following amendments to section third were read : Amend section third by inserting after the word "Governor," in the first line, the words ' 'elected at the general election in the year one thousand eight hundred and sixty eight, and each Governor thereafter elected;" and bv striking out the word ' ' four," and inserting in lieu thereof the word "tJ*D." And in line three, by striking out the word "electors," and inserting in lieu thereof the word ' 'voters. ' ' The question then being on this amend- ment, Mr. OwejMS demanded the ayes and noes thereon, which being taken, the vote stood as follows : Ayes — ^Messrs. Barr, Bonham, Childress, Clover, Cowden, Davis of Nodaway, Drake, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, McPherson, Mack, Nixdorf, Peck, Rankin, Rohrer, St. Gem, Sutton. Williams of Caldwell, Williams of Scotland, and Mr. President— 26. Nobs — Messrs. Bunce, Bush, Dodson, D'Oeneh, Fletcher, Gamble, Gilstrap, Holcomb, Leonard, Linton, Martin, Meyer, Morton, Newgent, Smith of Mercei-, Strong, Swearingen, and Switzler— 18. Absent with Leave — ^Messrs. Adams, Budd, Esther, Evans, Foster, Gilbert of Platte, Grammer, Green, Husmann, Mc- Kernan, Smith of Worth, and Weatherby —12. Absent without Leave- Messrs, Bed- ford, Davis of Now Madrid, EUis, FlUey, Hughes, Owens, and Thilenius — 7. Sick— Mr. Mitchell— 1. So the amendment was agreed to. On motion, the second amendment was agreed to. The following amendment to section fourth, reported back, was read: Amend by striking out section fourth and insert the tollowing: ' ' Section 4. The Gov- ernor shall not be eligible to office more than fow years in six. ' ' To which Mr. Strong offered the follow- ing substitute : Amend section four, by striking out the the" word "four," and inserting the word "two." The question then being on the substi- tute offered by Mr. Strong, Mr. Williams of Caldwell demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes- Messrs. Bush, Dodson, Gamble, Gilstrap, Holcomb, Meyer, Strong, Sutton, and Mr. President — 9. Noes— Messrs. Bonham, Bunce, ChUdress, Cowden, Davis of Nodaway, Drake, Ful- kerson, Gilbert of Lawrence, Henderson,' Holdsworth, Holland, Hume, King, Linton, McPherson, Mack, Morton, Newgent, Nix- dorf, Rankin, Rohrer, Swearingen, Switz- ler, Williams of Caldwell, and Williams of Scotland — 25. Absent with Leave — ^Messrs. Adams, Barr, Bedford, Budd, Esther, Evans, Fos- ter, Gilbert of Platte, Grammer, Green, Husmann, McKernan, Smith of Worth, and Weatherby — 14. Absent without Leave — Messrs. Clover, Davis of New Madrid, D'Oeneh, EUiSj Filley, Fletcher, Folmsbee, Hughes, Leon- ard, Martin, Owens, Peck, St. Gem, Smith of Mercer, and Thilenius — 15. Sick— Mr. MitcheU— 1. So the substitute was rejected. Mr. Gilstrap moved to adjourn, which motion was disagreed to. The question then being on the origi- nal amendment, as reported back from the Committee of the Whole, it was agreed to. On motion of Mr. Gilstrap, the Conven- tion adjourned until half-past 9 o'clock to-morrow morning. 134 FIFTIETH D^Y. Convention met pursuant to adjoiu-nment, the President in the chair. Prayer by Kev. Mr. Bradley. Mr. Foster requested leave to record his vote on the expulsion of Mr. Harris, for the reason that he had paired off with Mr. Hughes, whom the Convention had required to vote while he (Mr. Foster) was absent; which was granted, and he voted aye. On request of Mr. Moeton, leave oi absence was granted him for one week. Mr. Williams of Scotland requested, on account of absence when the vote was taken , to record his vote on the expulsion of Mr. Harris; which was not granted. Mr. GriLSTKAP, chairman of the committee on the mode of amending the Constitution, presented the following report: Mk. President: A majority of the com- mittee have instructed me to report the accompanying article on the mode of amending the Constitution . There was some diversity of opinion as to some of the changes introduced, and not such an agree- ment as is desirable . The article provides for proposing amend- ments by a majority of the members elected to each House of the General Assembly, a specific mode of publication, and for the ratification of these amendments by a direct vote of the people upon each amendment separately, in such manner as the General Assembly may provide. This method of ratification has much to recommend it. The voices of the voters are Equally counted in ascertaining the majority, which is not the case when the ratification is by the General Assembly . By going directly to the people with these amendments, there can be no mistaking the public will; nor can there be ground for any complaint; a majority of the legal voters will certainly rule in the formation of the organic law. The third section simply declares the right of the people to bind a convention by the organic act, and secures the effective opera- tion of the bill of rights in behalf of the people; and to that end, requires an oath to support the Constitution of the United States and of the State of Missouri, and faithfully to demean themselves as delegates to such convention. Conventions are delegated bodies, ~ and hence should be responsible, under the law, to the people. All of which are respectfully submitted. A. L. GH^STEAP, Chairman. WEDNESDAY, March 8th, 1865. ARTICLE — . Mode of Amending and Revising the Consti- tution . Section 1. The Constitution may be amended and revised in pm-suanoe of the provisions of this article. Sec. 2. The General Assembly, at any time, mav propose such amendments to this Constitution as a majority of the mem- bers elected to each house shall deem expe- dient; and the vote thereon shall be taken by ayes and noes, and entered, in full, on the iournals; and the proposed amendments shall be published with the laws of that ses- sion, and also shall be published weekly in two newspapers, if such there be, within each congressional district in the State, having the largest circulation therein, for four months next preceding the general election then next coming. The proposed amendments shall be submitted to a vote of the people — each amendment separately — at the next general election thereafter, in such manner as the General Assembly may pro- vide ; and if a majority of the qualified voters of the State, voting for and against any one of said amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the jjeople, and shall be valid and binding, to all intents and purposes, as parts of this Constitution . Sec. .S. All conventions hereafter organ- ized in this State shall be bound by the terms of the organic act calling such convention, not inconsistent with the Constitution and laws of the United States ; and each member shall take an oath to support the Constitu- tion of the United States, and of the State of Missouri, and to faithfully demean him- self as a delegate in said Convention. The foregoing article was read the first and second time by its title, and ordered to be printed. Mr. GiLSTRAP offered the following sub- stitute for section third of the article on Elections and the Qualifications of Voters, Civil Officers, and others, which was read, and ordered to be printed, and referred to the Committee of the Whole: Sec. 3. That no person, disqualified un- der the provisions of this section, shall be deemed to be a qualified voter at any election, under the Constitution and laws of this State, or be qualified to hold any oflice of profit or trust thereunder; or be permitted to practice as an attorney or claim agent, or become a teacher in any public school, or 136 allowed to solemnize the rights of matri- mony, or to act as an ofHoer m any corpora- tion within this State. First— AM persons who have been, or who hereafter may be, voluntarily engaged in any armed insurrection or rebellion, or in any armed hostile array, against the government of the United States, or of the State of Missouri. Secondf— All persons who have been, or who hereafter may be, voluntailly engaged -in giving aid and comfort to any person or persons described in the preceding subdi- vision. Thii'd — All persons who have been, or who hereafter may be, voluntarily acting with any armed band of partisans, guerrillas, marauders, or (so-called) bushwhackers, in violation of the laws of the United States, or of the State of Missouri; and all persons who have been, or who hereafter may be, voluntarily engaged in giving aid and com- fort to any person or persons acting with any such armed band, so in violation of said laws. Fourth — All persons who have, or who hereafter may have, since the tenth daj' of June, A. D. 1862, voluntarily adhered to the cause of the (so-called) Confederate States of America: Provided, That any person who maybe disqualified, under the first or second subdivision of this section, for acts done, or words spoken or written, prior to the said tenth day of June, A. D. 1862, and who, prior to said day, shall have taken the benefit of any proclamation of pardon or of amnesty, in relief therefrom, issued under the authority o£ the President ot the United States, or of the Governor of the State of Missouri, or under any ordinance of her Convention, and who shall have continued faithfully to keep and observe the conditions thereof, shall be relieved and excepted from all disqualifi- cations under this section: and provided further. That any person who may be dis- qualified, under the provisions of the fli'St, second or fourth subdivision of this section, prior to the tenth day of May, A. D. 1865, and who shall have, prior to .that day, volunteered into the military service of the United States, and shall faithfully serve therein for the period of twelve months, unless sooner discharged, shall be relieved from such disqualification . On request of Mr. Thilbnius, he was excused for being absent yesterday after- noon, on account of sickness. Mr. Clover, Chairman of the Committee on the Judicial Department, reported the following article, which was read the first and second time by its title, and ordered to be printed : ARTICLE V. Of the Judicial Department. Section 1. The judicial power, as to mat- ters of law and equity, shall be vested in a supreme court, in circuit courts, and in such inferior tribunals as the General Assembly may, from time to time, establish. Sec. 2. The supreme com-t, except in cases otherwise directed bv the Constitution, SixaXl have appellant jurisdiction only, which shall be co-extensive with the State, under the restrictions and limitations in this Con- stitution provided. Sec. 3. The supreme court shaU have a general superintending control over all in- ferior courts of law. It shall have power to issue writs of habeas corpus , mandamus, quo warranto, certiorari, and original remedial writs, and to hear and determine the same.. Sec. 4. The supreme court shall consist of five judges, any three of whom shall be a quorum, and the said judges shaU be con- servators of the peace throughout the State. Sec. 5. The State shall be divided into convenient districts, not to exceed four, in each of which the supreme court shall hold two sessions annually, at such time and place as the General Assembly may appoint; and, when sitting in either (flstrict, it shall exer- cise jurisdiction over causes originating in that district only; but the General Assembly may direct, by law, that the said court shall be held at one place only. Sec. 10. The judges of the supreme court shall hold ofiice for the term of ten years, and until their successors shall be duly elected and qualified, except as hereinafter provided. Sec. 7, At the general election, in the year one thousand eight hundred and sixty- eight, all the five judges of the supreme court shall be elected by the qualified voters of the State, and shall enter upon their office on the first Monday ot January, next ensu- ing. At the first session of the court there- after, the judges shall, by lot, determine the duration ot their several terms of office, which shall be, respectively, two, four, six, eight, and ten years, and shall certify the result to the Seoretaiy of State. At the feneral election, every two years after said rst election, one judge of said court shall be elected, to hold office for the period of ten years from the first Monday of January, next ensuing. The judge having, at any time, the shortest time to serve, shall be the presiding judge of the court. Sec. 8. If a vacancy shall happen in the office of any judge of the supreme court, by death, resignation, removal from the State, or other disqualification, the Governor shall appoint a suitable person to flU the vacancy until the next general election, when the same shall be filled by election, by the quali- fied voters of the State, for the residue of the term. Sec. 9. In case of a tie, or a contested election between the candidates, the same shall be determined in the manner prescribed by law. Sec. 10. If, in regard to any cause pend- ing in the supreme court, the judges sitting shall be equally divided in opinion, no judg- ment shall be entered therein based on such division; but the parties to the cause may 136 agree upon some person, learned in the law, who shall act as special judge in the cause, and who shall therein sit with the court, and give decision in the same manner, and with 9ie same effect, as one of the judges. If the parties cannot agree upon a speoiaF judge, J;he court shall appoint one. Sec. 11. The judges of the supreme court shall give their opinion upon important questions of constitutional law, and upon solemn occasions, when required by the Governor, the Senate, or the House of Eep- resentatives ; and all such opinions shall bo published in connection with the reported decisions of said court. Sec. 12. The circuit court shall have juris- diction over aU criminal cases, which shall not be otherwise provided for bylaw; and exclusive original jurisdiction in all civil cases which shall not he cognizable before justices of the peace, until otherwise directed by the General Assembly. It shall hold its terms at such time and place, in each county, as may be by law directed. Sec. 13. The State shall be divided into eonvenient circuits, tor each of which, ex- cept as in the next succeeding section speci- fied, a judge shall be elected by the qualified voters of the respective circuits, and shall be elected for the term of six years, but may continue in office vintil his successor shall be elected and quaUfied; and the judge of each cii-cuit, after his election or appointment, as hereinafter provided , shall reside in , and be a conservator of, the place within the circuit for which he shall be elected or appointed; and if any vacancy shall happen in the ofiice of any circuit judge, by death, resig- nation, removal out of his circuit, or by any other disqualification, the Governor shall, upon heing satisfied that a vacancy exists, issue a writ of election to fill such vacancy : Provided, That said vacancy shall happen at least six months before the next general election for said judge; hut if such vacancy shall happen within six months of the gen- eral election aforesaid, the Governor shall oppoint a judge for such circuit; but every election or appointment to fill a vacancy shall he for the residue of the term only. And the General Assembly shall provide, hy law, for the election of said judges in their respective circuits ; and in case of a tie, or contested election between tlie candidates, the same shall be determined in the manner to be prescribed by law. And the General Assembly shall provide, by law, for the election of said judges, in their respective circuits, to fill any vacancy which shall occur at any time at least six months before a gen- eral election tor said judges. The fli'st general election for circuit judges shall be on the fii-st Tuesday after the first Monday in November, 1869, and on the same day every six years thereafter. No judicial eircuir. shall be altei-ed or changed at any session of the General Assembly next preceding the general election for sai"d judges. Sec. 14. From and after the first day of January, one thousand eight hundred and sixty-six, the circuit court of the county of St. Louis shall be composed of three judges, each of whom shall try causes separately, and all, or a majority of whom, shall constitute a court in bank, to decide questions of law, and to correct errors occurring in trials; and, from and after that day, there shall not be in said county any other court of record having civil jurisdiction, except a court of probate and county court. The additional, judges authorized by this section, shall be appointed hy the Governor, with the advice and consent of the Senate, and shall hold their offices until the next general election of judges of the circuit courts, when the whole number of the judges of the said court shall Ids elected for the term of six years. The General Assembly shall have power to in- crease the number of the judges of said court, from time to time, as the publi« interest may require. Sec. 15. If there be a vacancy in the office of judge of any circuit, or if he be sick, absent, or from any cause unable t» hold any term of court of any county of his circuit, such term of court may be held hy a judge of any other circuit, and at there- quest of the judge of any circuit, any term of court in this circuit may be held by tlie judge of any other circiut. Sbc. 16. No person shall be elected or appointed a judge of the supreme court, nor of a circuit court, before he shall have at- tained to the age of thirty years. Sec. 17. Any judge of the supreme court, or the circuit court, may be removed from office on the address of two-thirds of each house of the General Assembly to the Gov- ernor for that purpose; but each house shall state, on its respective journal, the cause for which it shall wish the removal of such judge, and give him notice thereof; and he shall havQ. the right to be heard in his defense, in such manner as the Genei'al Assembly shall by law direct, but no judge shall be removed in this manner for any cause for which he might have been impeached. Sec . 18 . The judges of the supreme court, and the judges of the circuit courts shall, at at stated times, receive a compensation for their services, to be fixed by law. Sec. 19. The circuit court shall exercise a superintending control over all such in- ferior tribunals as the General Assembly may establish, and over justices of the peace in each county in their'respective circuits. Sec. 20. There shall be clerks of the courts created or directed by this Constitu- tion, who shall be elected by tlie qualified voters of the respective counties, in such manner, and hold their offices for such time, and be rewai-ded in such manner, as the General Assembly shall by law provide. Sec. 21. Inferior tribunals shall be estab- lished in each county for the transaction of all county business . Sec. 22. There shall be established in each county a probate com-t, which shall be a court of record, open at all times, and holden by one judge, elected by the voters 137 of the county, who shaU hold his office for the term of years, and shall receive such compensation, payable out of the county treasury, or fees, or both, as shall be pro- vided by law. Sec. 23. The probate court shall have jurisdiction in probate and testamentary matters; the appointment of administrators and guardians; the granting letters testa- mentary and of administration; the settle- ment of the accounts of executors, adminis- trators and guai-dians; and such jurisdiction in habeas corpus, and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in any county or counties, as may be provided by law. Sbc. 24. In each county there shall be appointed, or elected, as many Justices of the peace as the public good may be thought to require. Their powers and duties, and their duration in office, shaU be regulated bv law. Sec. 25. All writs and process shall run, • and all prosecutions shall be conducted in the name of the "State of Missouri;" all writs shall be tested by the clerk of the court from which they shall be issued; and all indictments shall conclude, "against the peace and dignity of the State. ' ' Mr. Dkakb offered the following additional rule: No member shall vote in any case where he was not within the bar of the Convention when the question was put. And when any member shaUask leave to vote, the President shall propound to him the question , ' ' Were you within the bar when your name was called?" On which Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Barr, Bonham, Bunce. Childress, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Folmsbee, Fulker- son. Gamble, Henderson, Holcomb, Holds- worth, Holland, Hume, King, Leonard, McKernan, McPherson, Meyer, Newgent, Nixdorf, Peck, Eankin, Smith of Mercer, Sutton, Swearingen, Switzler, Williams of Caldwell , Williams of Scotland, and Mr. President — 33. Noes — Messrs. Bush, Clover, Davis of New Madrid, D'Oeuch, Fletcher, Foster, Gilbert of Lawrence, Gilstrap, Linton. Mack, Martin, Owens, Rohrer, St. Gem, Strong, and Thilenius— 16. Absent with Leave — ^Messrs. Adams, Bedford, Esther, Evans, Gilbert of Platte, Grammer, Green, Husmann, Morton, Smith of Worth, and Weatherby — 11. Absent without Lkave — Messrs. Budd, Fillej% and Hughes — 3. Sick— Mr. Mitchell— 1. So the additional rule was adopted. On request of Mr. Gilstrap, leave of absence was granted to Mr. Hughes until Monday next. On request of Mr. Gilstrap, leave of absence was granted him until Monday next. The article on Executive Power, as reported back from the Committee of the Whole, was taken up, and the Convention proceeded to act on the amendments reported by the Committee of the Whole. The following amendment to section five was read and agreed to : Amend section five by striking out the words "and navy. ' ' The following amendment to section six was agreed to : The Governor shall have the power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulation as may be provided by law, relative to the manner of applying for par- dons. He shall, at each session of the General Assembly, communicate to that body each case of reprieve , commutation or pardon granted; stating the name of the convict, the crime of vvhich he was cSnvicted, the sentence and its date, the date of the com- mutation, pardon or reprieve, and the reasons Jor granting the same. The following amendment to section seven was agreed to : Amend section seven by striking out aU after the word "proclamation," and in- serting, in lieu thereof, the words: "where- in he shall state specifically each matter con- cerning which the action of that body is deemed necessary ; and the General Assem- bly shall have no power, when so convened, to act upon any matter not so stated in the proclamation . ' ' The following substitute for sections four- teen and fifteen was agreed to : Amend by striking out sections fourteen and fifteen, and inserting, in lieu thereof, the following: When the office of Governor shall be- come vacant, by death, resignation, re- moval from the State, removal from office, refusal to qualify, or otherwise, the Lieu- tenant Governor shall perform the duties, possess the powers, and receive the com- pensation of the Governor during the remainder of the term for which the Gov- ernor was elected. When the Governor is absent from the State, or is unable, from sickness to perform his duties, or is under impeachment, the Lieutenant Governor shall perform said duties, possess said powers, and receive said compensation until the Gov-, ernor return to the State, be enabled to resume his duties, or be acquitted. If there be no Lieutenant Governor, or if he be ab- sent from the State, disabled by sickness, or 138 under impeachment, the president- of the Senate pro tempore, or, in case of like absence or disability on his part, or of there being no president of the Senate pro tempore, the Speaker of the House of Representatives shall assume the office of Governor, in the same manner, and with the same powers and compensation, as are prescribed in the case of the office devolving on the Lieuten- ant Governor. The following additional section was agreed to : Amend by adding the following section : Sbction — . The appointment of all offi- cers, not otherwise directed by this Constitu- tion, shall be made in such manner as may be prescribed by law. Mr. Drake offered the following amend- ment, which was adopted: Amend the title by striking out the letters "IV, " and also by striking out the words "of the executive power," and inserting, in lieu thereof, the words "executive de- partment. ' ' Mr. Holland offered the following amend- ment: Amend second section, first Hne, by striking out the words "white nMle." Mr. GiLSTRAP offered the following reso- lution: Resohied, That the fifteen-minute rule, ap- plicable to debate, be suspended during the debate upon the amendment to strike out the word "white." Pending which, Mr. Williams of Cald- well offered the following substitute : Resolved, That the rule of the Convention allowing only fifteen minutes as the time for each speaker, be amended by striking, out ' 'fifteen, ' ' and inserting "ten minutes" in lieu thereof. Which substitute was declared out of order. The question then being on the resolution as offered by Mr.' Gilstrap, Mr. Bare de- manded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Clover, Dodson, Fletcher, Gamble, Gilstrap, Henderson, Linton, and Switzler — 8. Nobs — Messrs. Barr, Bonham, Bunce, Bush, Childress, Cowdeu, Davis of New Madrid, Davis of Nodaway, D'Oench, El- lis, Foster, Fulkerson, Gilbert of Law- rence, Holcomb, Holds worth, Holland, Hume, King, Leonard, McKernan, Mc- Pherson, MaCk, Martin, Meyer, Newgent, Nixdorf, Owens, Peck, Rankin, Ronrer, St. Gem, Strong, Sutton, Swearingen, Thilenius, Williams of Caldwell, WUliams of Scotland, and Mr. President— 38. Absent with Leave — Messrs. Adams, Bedford, Esther, Evans, Gilbert of Platte, Grammer, Green, Hughes, Husmann, Mor- ton, Smith of Worth, and Weatherby— 12. Absent without Leave— Messrs. Budd, Filley, Folmsbee, and Smith of Mercer— 4. Sick— Messrs. Drake and Mitchell— 2. So the resolution was rejected. Mr. Foster offered the following resolu- tion: Resolved, That the Committee on Accounts be and are hereby instructed to audit and pay the accounts of, the Secretary, for copy- ing the journal for printing, up to March 1, 1865. On motion of Mr. Williams of Caldwell, the resolution was adopted. On motion of Mr. Thilenius, the Con- vention adjourned untU half past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The amendment to section twenty-four of the article on the Executive Department, offered by Mr. Holland, was called up. After debate, Mr. Gilbert of Lawrence moved to adjourn, which motion was tem- porarily withdrawn, to allow Mr. Owens to introduce the following proposed amend- ments to the Constitution, which were read the first time : "■ The people of the State of Missouri, in Convention assembled, do hereby adopt the following as amendments to the Constitution : Section. 1. That in this State there shall be neither slaverynor involuntary servitude, except in punishment of crime, whereof the party shafl. have been duly convicted; and all persons held to service or labor as slaves are hereby declared free . Sbc. 2. The General Assembly shall im- mediately provide by law for a complete and uniform registration, by election districts, of the names of all the qualified voters in this State. Sec. 3. The General Assembly shall pro- vide by law for taking the qualified votes of soldiers in the army of the United States, or in the militia force of this State, without registration, who may be absent from their places of residence by reason of being in said service. On the day fixed for such election, or at any time' within twenty days next prior thereto, and for the due return and counting of such votes, every such person shall take the same oath that all other voters may be required to take, in order to vote. Sec. 4. No person shall vote at any elec- tion to be hereafter held in this State," under 139 or in pursuance of the Constitution and laws thereof, whether State, county, township, or municipal, who shall not, in addition to passessing the qualifications prescribed for electors, previously take an oath in the terms prescribed in the next succeeding sec- tion, until the General Assembly shall estab- lish a complete and uniform system of reffis- tration. Said oath shall be taken beforelhe judges of election. After such system of registration shall have been established, the said oath shall be taken and subscribed by the voter at each time of his registration. Any person declining to take said oath shall not be allowed to vote or to be registered as a qualified voter: "I, , do solemnly swear ( or affirm, as the case may be ) that I will support, protect, and defend the Consti- tution of the United States, and the Consti- tution of the State of Missouri, against all enemies and opposers, whether domestic or foreign; that I will bear true faith, loyalty and allegiance to the United States, and will not, directly or indu-ectly , give aid and com- fort, or countenance, to the enemies or opposers thereof, or of the government of the State of Missouri, any ordinance, law or resolution of any State Convention or Legis- lature, or of any order or organization, secret or otherwise, to the contrary notwith- standing; and that I do this with a full and honest determination, pledge and purpose, faithfully to keep and perform the same, without any mental reservation or evasion whatever. And I do further solemnly swear (or affirm) that I have not, since the 17th day of December, 1861, been in armed hos- tility to the United States, or to the lawful authorities thereof, or to the government of this State; or given aid, comfort, coun- tenance, or support to persons engaged in such hostility; or in any manner adhered to the enemies, foreign or domestic, of the United States, either by willingly contribut- ing to them or by unlawfully sending within their lines money, goods, letters or infor- mation; or disloyally held oommmiication with such enemies ; or by open act or word declared my adherence to the cause of such enemies, or my desire for their triumph over the arms of the United States; or, except under overpowering compulsion, submitted to the authority, or been in the service of the so-called Confederate States of America; or left this State and gone within the lines of the armies of the so-called Confederate States of America, with the purpose of adhering to said States or armies; or been a member of, or connected with, any order, society, or oi-ganization, having for its object to aid or encourage rebellion against the United States, or to promote the dissolution of the union thereof, or to oppose, by any unlaw- ful means, the laws or authority thereof, or the laws, ordinances, or authority of this States; or been engaged in guerrilla warfare against loyal inhabitants of the United States, or in that description of marauding com- monly known as bushwhacking; or know- ingly and willfully hai'bored, aided, or countenanced any person so engaged; or left this State fOT tne purpose of avoiding enrollment for a draft into the military ser- vice of the United States; or, in order, to escape the performane0 of duty in the militia of this State, enrolled myself, or caused myself to be enrolled as a disloyal Southern sympathizer; or having ever voted at any election held by the people of this State, or in any other of the UnitedStates or territories ; or held office in this State, or in any other of the United States or territories, have thereafter sought, or received, under claim of alienage, the protection of any foreign government, in order to secure exemption from military duty in the militia of this State,, or in the army of the United States. ' ' Sbc. 5. Before any person shall be elected or appointed to any civil or military office within this State, under the Constitution and the laws thereof, whether State, county, township, or otherwise, he shall take and subscribe an oath, in form as foUows : "I, A. B., do solemnly swear (or affirm) that I will support, protect, and defend the Con- stitution of the United States and the Con- stitution of the State of Missouri against aU enemies and opposers, whether domestic or foreign; that I will bear true faith, loyalty and allegiance to the United States, and, will not, directly or indirectly, give aid and comfort or countenance to the enemies or opposei-s thereof, or of the government of the State of Missouri, any ormnance, law or resolution of any State convention or legis- lature, or of any order or organization, secret or otherwise, to the contrary not- withstanding; and that I do this witiu a full and honest determination, pledge, and pur- pose, faithfully to keep and perform the same without any mental reservation or evasion whatever. And I do further solemnly swear (or affirm) that I have not at any time been m armed hostility to the United States, or to the lawful authorities thereof, or to the government of this State; ot- given aid, comfort, countenance, or sup- port to persons engaged in such hostility, or in any manner adhered to the enemies, foreign or domestic, of the United States, either by willingly coAtributing to them or by unlawfully sending within their lines money, foods, letters, or information; or disloj'ally eld communication with such enemies, or by open act or word declared my adherence to the cause of such enemies, or my desire tor their triumph over the arms of the United States; or, except under overpowering com- pulsion, submitted to the authority or been in the service of the so-called Confederate States of America; or left this State and gone within the lines of the aniiies of the so-called Confederate States of America, with the purpose of adhering to said States or armies; or being a member of, or con- nected with, any order, society, or organi- zation having for its object to aid or encour- age rebellion against the United States, or to promote the dissolution otthe union thereof; or to oppose, by any unlawful means, the 140 laws or authority thereof, or the laws, ordi- nances or authority of this State; or been engaged in guerrilla warfare against loyal inhabitants of the United States ; or in that description of marauding commonly known as bushwhacking, or knowingly harbored, aided, or countenanced any person so en- gaged; or left this State for the purpose of avoiding enrollment for a draft into the military service of the United States, or in order to escape the performance of duty in the militia of this State, enrolled myself or caused myself to be enrolled as a disloyal Southern sympathizer; or having ever voted at any election held by the people in this State or in any other of the United States, or held office in this State or in any other of the United States, have thereafter sought or received, under claim of alienage the protec- tion of any foreign government, through any consul or other officer thereof, in order to secure exemption from military duty. in the militia of this State or in the army of the United States ; ' ' which oath shall be filed in the office of the Secretary of State by all candidates for State offices, and by candi- dates for all county and other offices, in the office of the clerk of the county court (or other officer charged with equivalent duties) in the counties wherein they respectively •reside, at least five days before the day of election; and no vote shall be cast up for, or certificate of election granted to, any candi- date who fail.- to file such oath. Sec. 6. Any person who shall falsely take, or, having taken, shall thereupon will- fully violate any oath prescribed by these amendments to the Constitution shall, upon conviction thereof, by any court of compe- tent jurisdiction, be adjudged guUty of the crime of perjury, and shall be punished therefor in accordance with existing laws. Within sixty days alter the adoption of these amendments to the Constitution, every per- son In this State, holding any office of honor, trust, or profit, under the Constitution and laws thereof, or under any municipal cor- poration; and every officer, councilman, director, trustee, or other manager of any corporation, public or private, and every person acting as a professor or teacher in any educational institution, incorporated by or under any law in this State; and every teacher of any common or other school which is sustained, in whole or in part, by funds provided by law; every attorney at law, every licensed or ordained minister of the gospel, before performing the marriage ceremony in this State, shall take and sub- scribe the oath prescribed for civil and mili- tary officers in section five. Sec . 7 . Any officer or person referred to in section — , who shall fail to comply with the requirements thereof, shall be liable to prosecution in any court of competent juris- diction in this State, by indictment, and, upon conviction, shall be punished for each offense by fine not less than one hundred, nor more than one thousand dollars. Sec. 8. The General Assembly shall have power, if a majority of all the members elected to both houses concur therein, to suspend or repeal any part of the fourth, fifth, sixth, and thirteenth sections of this article. Seo. 9. The General Assembly shall have power to suspend, repeal, alter, or amend, any or all the ordinances adopted by the Missouri State Convention, elected on the 18th day of February, 1861. Sec. 10. Hereafter the supreme court of this State shall consist of five judges, any three of whom shall constitute a quorum to do business; and the said judges shall be conservators of the peace throughout the State. Sec. 11. The Governor of the State shall have power, and it shall be his duty, to appoint judges to fill any vacancies that may from any cause exist, and the judges so appointed shall hold their offices until the next general election for judges. Sec. 12. The fourth section of the amend- ments to the Constitution is hereby abolished. Seo. 13. In case of a contest arising in any election held under the Constitution or laws of this State, it shall be the duty of the contesting court to cast out and refuse to count the votes of any person or persons who are found to have falsely taken the oath prescribed in the section of these amendments. Mr. Drake objected to the second reading of the foregoing proposed amendments ; and the question thereupon being, "Shall the proposition be rejected ? ' ' Mi-. Bonham demanded the ayes and noes thereon , which being taken, the vote stood as follows: Ayes — ^Messrs. Barr, Bonham, Childress, Cowden, Davis of Nodaway, Dodson, Dralre, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holdsworth, Hol- land, Hume, King, McKernan, McPherson, Mack, Newgent, Nixdorf, Peck, Eankin, Smith of Mercer, Strong, Sutton, Swearin- gen, and Williams of Scotland — 28. Nobs — Messrs . Bush, Davis of New Madrid, Fletcher, Holcomb, Linton^ Mar- tin, Meyer, Owens, Rohrer, St. Gem, Switzler, Thilenius, and Mr. President— 13. Absent with Leave — Messrs. Adams, Bedford, Clover, Esther, Evans, Gilbert of Platte, Gilstrap, Green, Grammer, Hughes, Husmann, Smith of Worth, and Weatnerby —13. Absent without Leave — ^Messrs. Budd, Bunce, D'Oench, Ellis, Filley, Foster, Leonard, Morton, and Williams of Cald- well— 9. Sick— Mr. Mitchell— 1. So the proposition was rejected. On motion of Mr. Dkake, the Convention adjourned until half-past 9 o'clock to-morrow morning. 141 FIFTY-FIRST D^Y. Convention met pursuant to adjournment, the .President in tlie cliair. Prayer by Eev. Dr. Schuyler. Mr. HoLDSWORTH presented a communica- tion from the Loyal League of Madison, Monroe county, Missouri, sustaining the action of the Convention; also, petitioning the Convention to vacate certain judicial offices ; which was read for information and laid on the table. On request of Mr. Martin, leave of absence for four days from to-morrow morning was granted to Mr. Gamble. The amendment of Mr. Holland to section second, of article on the Executive Depart- ment, was called up. Pending which, Mr. Husmann offered the following amendment to Mr. Holland's amendment: Strike out the word "resident," in the second line, and insert in lieu thereof the words "qualified voter. ' ' Which amendment was accepted by Mr. Holland. After debate, the question then being on the adoption of the resolution offered by Mr. Holland, Mr. SwitzleTS demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Budd, Bush, D'Oench, Drake, Ellis, Evans, Pilley, Foster, Gilbert of Lawrence, Holcomb, Holland, Husmann, King, Linton, McKenian, McPherson, Meyer, Nixdorf, Owens, Eohrer, St. Gem, Thilenius, Williams of Caldwell, Williams of Scotland, and Mr. President— 25. Noes— Messrs. Bonham, Bunee, Childress, Clover, Cowden, Davis of New Madrid, Davis of Nodaway, Dodson, Fletcher, Folmsbee, Fulkersbn, Gamble, Henderson, Holdsworth, Hume, Mack, Martin, New- gent, Peck, Rankin, Smith of Mercer, Strong, Sutton, Swearingen, and Switzler— 25. Absent with Leave — ^Messrs. Adams, •Bedford, Esther, Gilbert of Platte, Gilstrap, Grammer, Green, Hughes, Morton, Smith of Worth, and Weatherby— 11. Absent without Leave — ^Messrs. Barr and Leonard — 2. Sick— Mr. Mitchell— 1. So the amendment was rejected. Mr. Drake offered the following amend- ment, which was adopted: THUllSDAY, March 9th, 18G5. Amend section two by striking out of the second line the word "the," and inserting in lieu thereof the word "this," and by striking out the words ' 'of Missouri. ' ' . Mr. Williams of Caldwell offered the following substitute to section three of article on Executive Department: The Govenior shall hold his office two years, and until a successor be duly elected and qualified. At the time and place of voting for members of the House of Repre- sentatives, the qualified voters shall vote for a Governor; and wlien two or more persons have an equal number of votes, and a higher number than any other person, the election shall be decided between them by a j oint vote of both houses of the Genei'al Assembly, at their next session. The first election of a Governor under this Constitution shall take place at the general eleciion, in the year one thousand ei^t hundred and sixty-six. The question then being" on the substi- tute offered by Mr. Williams of Caldwell, Mr. Drake demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Bonham, Drake, and Wil- liams of Caldwell — 3. Noes — Messrs. Barr, Budd, Bunce, Bush, Childress, Clover, Cowden. Davis of Nodaway, Dodson, D'Oench, Ellis, Evan^, Pilley, Fletcher, Folmsbee, Foster, Fulk- ersoii. Gamble, Gilbert of Lawrence, Hen- derson, Holcomb, Holdsworth, Holland, Hume, Husmann, King, Linton, McKer- nan, McPherson, Macm:, Martin, Meyer, Newgent, Nixdoif, Owens, Peck, Rankin, Rohrer, St. Gem, Strong, Sutton, Swearin- gen, Thilenius, Williams of Scotland, and Mr. President — 45. Absent with Leave — Messrs. Adams, Bedford, Esther, Gilbert of Platte, Gilstrap^ Grammer, Green, Hughes, Morton, Smith of Worth, and Weatherby — 11. Absent without Leave — Messrs. Davis of New Madrid, Leonard, Smith of Mercer, and Switzler — i. Sick— Ml-. Mitchell— 1. So the substitute was rejected. Mr. Drake offered the following amend- ment, which was adopted : Amend section ten by Inserting, after the word "adjournment," the words "of go- ing into joint session. ' ' Mr. Owens offered the following amend- ment, which was rejected: Amend by striking out section ten. 142 On motion of Mr. Bonham, the article on Executive Department was ordered to be engrossed* for a third reading. On motion of Mr. Eohrbk, the Convention adjourned until half-past two o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On request of Mr. Switzlee, leave of ab- sence was granted him for six days. On motion of Mr. Bonham, the Conven- tion resolved itself into a Committee of the Whole, for the purpose of taking under con- sideration amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Martin reported that the Committee of the Whole had, ac- cording to order, had under consideration amendments to the Constitution, and par- ticularly the article on Legislative Depart- ment, and also the article on Impeachment, which articles he had been instructed to re- port back to the Convention witli amend- ments thereto. On motion of Mr. Drake, the article on Impeachment, with amendments thereto, as reported back from the Committee ot the Whole, was taken up. The following amendment, as reported back from the Committee of the Whole, to section first, was agreed to : Amend article on Impeachment by strik- ing out of first section, second line, the words "the courts," and insert the words ' 'courts of record. ' ' The following amendment, as reported back, was agreed to: Amend section first by inserting the word "State" before the word "auditor," and before the word "treasurer. ' ' On motion of Mr. Owkns, the article on Impeachment was laid over temporarily. On motion of Mr. Drake, the article on Legislative Department, with the amend- ments thereto, as reported back from the Committee of the Whole, was taken up. The follovring amendment, as reported back from the Committee of the Whole, was agreed to : Sec. 2. The House of Representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, apportioned in the follow- ing manner, viz: The ratio of representa- tion shall be ascertained at each appor- tioning session of the General Assembly, by dividing the whole number of permanent inhabitants of the State by the number two hundred. Each county having one ratio or less shall be entitled to one representative ; each county having three times said ratio shall be entitled to two representatives; each county having six times said ratio shall be entitled to three representatives; and so on, above that number, giving one addi- tional member for every three additional ratios. The following amendment, as reported back from the Committee of the Whole, was read: Amend section two by adding thereto: When any county shall be entitled to more than one representative, the county court shall cause such county to be sub-divided into as many compact and convenient dis- tricts as such county may be entitled to representatives, which districts shall be, as near as may be, of equal population; and the qualified voters of each of such districts shall elect one representative, who shall be a resident of such district. On motion of Mr. Williams of Caldwell, the Convention adjourned untU to-morrow morning at half-past 9 o'clock. FIFTY-SEOOTSTD DiLY. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Kendrick. Mr. Barr offered the following amend- ment to the twenty-fourth rule: Resolved, That the twenty-fourth standing rule be amended by striking out the word FRIDAY, March 10th, 1865. "two-thirds" and inserting in lieu thereof the words "a majority." Mr. Barr moved a suspension of the rules, to enable him to introduce his amendment to the twenty-fourth rule; on which Mr. HusMANN demanded the ayes and noes, and the vote being taken stood as follows : 143 Ayes — Messrs. Barr, Bonham, Budd, Bunce, Bush, Childress, Cowden, Davis of Nodaway, Dodsoa, Drake, Evans, Folms- bee, Fulkerson, Gilbert of Lawrence, Hen- derson, Holdsworth, Holland, Hume, King, Leonard, McKernan, McPherson, Macfe, Newgent, Peck, Rankin, Smith of Mercer, Strong, Sutton. Swearingen, Thileuius, Williams of Caldwell, and Williams of Scot- land— 33. Noes— Messrs. Davis of New Madrid , Gil- bert of Platte, Holcomb, Husmami, Martin, Nixdorf, Owens, Rohrer, St. Gem, and Mr. President — 10. Absent with Leave — Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes, Morton, Smith of Worth, Switzler, and Weatherby— 12. Absent without Leave — ^Messrs, Clover, D'Oench, Ellis, Filley, Fletcher, Poster, Lintoia, and Martin — 8. Sick— Mr. Mitchell— 1. So the motion to suspend was agreed to. The question then being on the adop- tion of the amendment to the twenty -fourth rule, Mr. Bonham demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bonham; Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Evans, Fil- ley, Folmsbee, Fulkerson, Gilbert of Law- rence, Henderson, Holdsworth, Holland, Hume, King, Leonard, McPherson, Mack, Newgent, Feck, Rankin, Smith of Mercer, Strong, Sutton, Swearingen, Williams of Caldwell, and Williams orScotlaim— 32. Noes — Messrs. Bush, Davis of New Ma- drid, D'Oench, Poster, Gilbert of Platte, Holcomb, Husmann, Linton, McKernan, Martin, Meyer, Nixdoif, Owens, Rohrer, St. Gem, Thilenius, and Mr. President-17. Absent with Leave — Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes, Morton, Smith of Worth, Switzler, and Weatherby— 12. \ Absent without Leave — ^Messrs. Ellis and Fletcher— 2. Sick— Mr. Mitchell— 1. So the amendment to the twenty-fourth standing rule was adopted. Mr. Drake moved to reconsider the vote by which the following amendment to the article on Impeachment was adopted : Amend article on Impeachment by strik- ing out of section first, second line, the words "the courts," and insert the words "courts of record." Which motion was agreed to. Mr. Dkakb moved the rejection of the amendment, which motion was agreed to. Mr. Drake moved that the article on Im- peachment, as amended, be engrossed, pre- paratory to a third reading, which motion was agreed to. The pending amendment to the article on Legislative Department was taken up; and the question being on the rejection of the same, Mr. Owens demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes— Messrs. Bush, D'Oench, Foster, Holcomb, Husmann, Linton, McKernan, Meyer, Newgent, Nixdorf, Owens, Rohrer, St. Gem, Swearingen, Thilenius, and Mr. President — 16. Noes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Filley, Folmsbee, Fulkerson, GObert of Lawrence, Gilbert of Platte, Henderson, Holdsworth, Holland, Hume, King, Leon-' ard, McPherson, Mack, Martin, Peck, Ran- kin, Smith of Mercer, Strong, Williams of Caldwell, and Williams of Scotland- 32. Absent with Leave — Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes, Morton, Smith of Worth, Switzler, and Weatherby— 12. Absent without Leave — ^Messrs. Davis of New Madi-id, Fletcher, and Sutton— 3. Sick- Mr. Mitchell— 1. So the amendment was not rejected. Mr. Owens offered the following amend- ment to the pending amendment: Strike out the word "one, ' ' and insert the word "two." The question then being on the amend- ment of Mr. Owens, Mr. Bonham demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ates— Messrs. Bush, D'Oench, Foster, Gilbert of Platte, Henderson, Holland, Hus- mann, Linton, McKerAan, Meyer, New- fent, Nixdorf, Owens, Rohrer, St. Gem, wearingen, Thilenius, and Mr. Presi- dent-18. Noes — Messrs. Barr, Bonham, Budd, Childress, Clover, Cowden, Davis of Noda- way, Dodson, Drake, Folmsbee, Fulkerson, Gilbert of Lawrence, Holdsworth, Hume, King, McPherson, Mack, Peck, Ra,nkin, Smith of Mercer, Strong, Sutton, and Williams of Scotland— 23. Absent with Leave — Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes, Martin, Morton, Smith of Worth, Switzler, and Weath- erby- 13. Absent without Leave— Messrs. Bunce, Davis of New Madrid, Ellis, Evans, Filley, Fletcher, Holcomb, Leonard, and WiUiams of Caldwell— 9. Sick— Mr. Mitchell— 1. So the amendment was rejected. ' The question then being on the adop- tion of the pending amendment, Mr. Bon- 144 HAM demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Henderson, Holdsworth, Hume, King, McPherson, Mack, Peck, Eankin, Smith of Mercer, Strong, Sutton, and Wil- liams of Scotland — 26. Nobs — Messrs. Bush, D'Oench, Ellis, Foster, Holland, Husmaun, Linton, Mc- Kernan, Meyer, Newgent, Nixdorf, Owens, Rohrer, St. Gem, Sweariugen, Thilenius, and Mr. President — 17. Absent with Leave— Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mar, Green, Hughes, Martin, Morton, Smith of Worth, Switzler, and Weatherby — Absent without Leave — Messrs Davis of New Madrid, Evans, Filley, Fletcher, Holcomb, Leonard, and Williams of Cald- well— 7. Sick- Mr. Mitchell— 1. So the amendment was agreed to. On request of Mr. Owens, leave of ab- sence was granted him for one week. On motion of Mr. Bush, the Convention adjourned untU. half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the Presideht in the chair. The arti61e on Legislative Department, with pending amendments, as reported back from the Committee of the Whole, was taken up. The following andendment to section third was read and agreed to : Strike out the word "or," in the seventh line, and insert the word "and." The following amendnient to section third, in lines third and fourth, was read and agreed to : Strike out the word "district," where it occurs therein, and insert in lieu thereof the word "county" in each place; and strike out of line fifth the words • 'or coun- ties." The following amendment to section third, line sixth, was read and agreed to: .Strike out the words "in the year of his election or the year next preceding. ' ' The following amendment to section fourth was read and agreed to : Strike out the word ' 'two, ' ' and insert in lieu thereof the word ' 'four. ' ' The following amendment, by addition to section fifth, was read and agreed to: When any county shall constitute a sena- torial district, and shall be entitled to more than one Senator, the county court shall cause such county to be subdivided into as many compact and convenient districts as such county may be entitled to Senators, which districts shall be. as near as may be, of equal population, and the qualified voters of each of such districts shall elect one Senator, who shall be a resident of such disti-ict. The following amendment to section fifth was read and agreed to : Strike out the words "in the year of his election, or the year next preceding. ' ' The following amendment to section sixth, line sixth, was read and agreed to: Strike out the word ' 'five, ' ' and insert in lieu thereof "the word "six. " The following amendment to section sixth was read and agreed to : Strike out of first line the words "and Representatives," and by inserting in the second line the word "inhabitants;" and by striking out of line Second the word "they," and inserting in lieu thereof the words ' 'Senators and Representatives ; ' ' and by inserting in line third, before the word "apportionment," the words "rule of." The following amendment to section ninth was read and agreed to : At the regular session of the General Assembly chosen at said election, the Senators shall be divided into two equal classes. Those elected from districts bearing odd numbers shall compose the first class, and those elected from districts bearing even numbers shall compose the second class. The seats of the first class shall be vacated at the end of the second year after the day of said election, and those of the second class at the end of the fourth year after that day, so that one-half of the Senators shall be chosen every second year. In districting any county for the election of Senators, the disti-icts shall be numbered, so as to effect- uate the division of Senators into classes, as required in this section. The foUowiug amendment to section twelfth was read and agreed to : If any Senator or Representative remove his residence from the district pr county for which he was elected, his office "shall thereby be vacated. The following amendment to section six- teen was read and agreed to : By adding thereto, ' 'but no law increasing such compensation shall take effect in favor of the members of the General Assembly by which the same shall have been passed. 145 The following amendments to section six- teen were read and agreed to : Strike out the word "a," in the second line, and insert the word "such." Strike out the word "which," in same line, and insert "as." Strike out the words "in- creased or diminished, ' ' in same line, and insert the word "provided. ' ' The following amendment to section twenty -four was read and agreed to: Insert in seventh line, before the word "collection," the words "assessment or, " .ind by inserting in eighth line, before the word ' ' collector , ' ' the words ' ' assessor or. ' ' The following amendment to section twenty-four, line twelve, was read and agreed to: Strike out, after the word "provision," the following words : ' 'may at the time exist under any, ' ' and insert in lieu thereof the following words: "can be made bj';" and strike out the word "and," after the word "law," in twelfth line, and insert in lieu thereof the word ' 'but. ' ' The following amendment to section twenty -live was read and agreed to: Strike out section twenty-five to section thirty, inclusive. The\following amendment was read : Amend by adding the following section, to come in after section thirty-two : Sec. — . The General Assembly shall pass no law, nor make any appropriation, to compensate the former masters or claimants , of slaves emancipated from servitude by the ordinance abolishing slavery in Missouri, adopted on the eleventh day of January, one thousand eight hundred and sixty-five. Mr. Strong offered the following as a substitute for section — , to come in after section thirty-two, which was read and agreed to: The General Assembly shaU have no power to make compensation for emancipated slaves. The following amendment was read: Insert as a new section, between sections thirty-three and thirty-four, the following words: The General Assembly shall have no power to remove the county seat of any county, unless two-thirds of the quaHtted voters of the county, at a general election, shall vote in favor of such removal. No compensation or indemnity for real estate, or the improvements thereon, affected by such removal, shall be allowed. Mr. Owens offered the following substitute therefor, which was disagreed to: The General Assembly shall have no power to pass laws authorizing compensation or J indemnity for real estate, or the improve- ments thereon, affected by the removal of any county seat. ' ' The question then being on the original amendment, it was agreed to. The following amendment was read and agreed to : Strike out the thirty-sixth section. The following amendment was read as a new section: The General Assembly shall have no power to establish any new county with a territory of less than five hundred square miles, or with a population less than the ratio of representation existing at the time: nor to reduce any county now established to less than that area, or to less population than such ratio. To which Mr. Williams of Caldwell offered the following amendment, which was read and disagreed to : Strike out "five hundred" and insert "four hundred." The new section was then agreed to. The following amendment to section tliirty-two, by adding thereto the following, was read : On the final reading of every bill, the question upon its passage shall be taken by ayes and noes, which shall be entered upon the journal of each house. To which Mr. Strong offered the follow- ing substitute: No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assembly, and the question upon the final passage shall be taken immediately upon its last reading, and the ayes and noes entered upon the journal. The question being on adopting the substitute of Mr. Strong for the reported amendment, Mr. Drake demanded the ayes and noes thereon, and the vote being taken stood as follows: Ayes— Messrs. Bush, Childress, Clover, Cowden, D'Oench, Foster, Gilbert of Law- rence, Gilbert of Platte, Henderson, Hume, Husmann, Linton, McKernan. Martin, Meyer, Newgent, Nixdorf, Owens, Eohrer, St. Gem, Strong, Swearingen, Tlulenius, and Mr. PresidentH-24. jjoBS — Messrs. Barr, Bonham, Davis of Nodaway, Dodson, Drake, Evans, Folms- bee, Fulkerson, Holcombe, Holland, King, McPherson, Mack, Peck, Smith of Mercer, Sutton, and Williams of Scotland — 17. Absent with Leave — Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes. Morton, Smith of Worth, Switzler, and Weatherby— 12. 146 Absext without Leave — Messrs. Bucld, Bunce, Davis of New Madrid, Ellis, Filley, Fletcher, Holdsworth, Leonard, and Ran- kin— 9. Excused prom Voting — Mr. Williams of Caldwell— 1. Sick— Mr. Mitchell— 1. So the substitute to the amendment was adopted. The question then being on adopting the amendment, as amended by the substitute, it was adopted . Mr. Deakk offered the following amend- ment, which was adopted: Amend section fifth, sixth line, by sti-iking out the word '-or," and inserting In lieu thereof the word "and. ' ' Mr. Dkake offered the following amend- ment, which was adopted: Amend section seventh by striking out of second line the word • -such, ' ' and inserting in lieu thereof the word ' 'senatorial. ' ' Mr. BoNHAM offered the follo^ving amend- ment: Strike out section twelfth, as numbered in the original article on Legislative Depart- ment. Pending which, Mr. Dkake offered the following amendment, which vfas adopted: Amend section twenty-fourth by insert- ing, after the word '"town," in eleventh line, the words "or exempting any property of any named person or corporation from taxation." On motion of Mr. Clovkr, the ConTen- tion adjourned until half-past 9 o'clock to- morrow morning. FIFTY-THIRD D^Y. SATXnjDAY, M.4RCH 11th, 1S65. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Dr. Eliot. 'Mr. Mack offei-ed the following resolution : Resolved, That the thirteenth rule of this Convention, as amended on the 13th of Feb- iTiary, 1865, be amended by striking out the word "fifteen," and inserting in place thereof the word "ten. " Mr. Mack moved the suspension of the rules, so as to enable him to introduce his amendment now. ■ demanded the ayes On which, Mr. - and noes, and the vote being taken, stood as follows : Ayks — Messrs. Barr, Bonham, Budd, JBunce, Childress, Clover, Cowden, Davis of JNodaway, Dodaon, D'Oench, Ellis, Folms- bee, Foster, Fulkerson. Gilbert of Law- rence, Henderson, Holdsworth, Holland, Hume, King, McKernan, McPherson, Mack, STewgeut, Sixdorf, Peck. Rankin, Strong, Sutton. Swearingen, Williams of Caldwell, and Williams of Scotland — 32. No KS— Messrs. Fletcher, Gilbert of Platte, Holcomb, Husmann, Leonard, Linton, Mar- tin, Meyer, Owens, Rohror, St. Gem, Tlii- lenius, and Mr. President— 13. Absent with Leave — Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes, Morton, Smith of Worth, Switzler, and Weatherby — 12 absent without Lkave — Messrs. Bush, Davis of New Madrid, and Evans — 3. Sick — Messrs. Di-ake, Filley, Mitchell, and Smith of Mercer — 1. So the motion was agreed to. The question then being on the adoption of the amendment to the amendment of the thirteenth rule, the ayes and noes were de- manded thereon, and the vote being taken, stood as follows : Ayes- — Messrs. Barr, Bonham. Budd, Bunce, Childress, Cowden, Davis of Noda- way, Dodson, D'Oench, Ellis, Fletcher, Foimsbee, Foster, Fulkerson, Gilbert of Lawrence i Henderson, Holdsworth, Hol- land, Hume, Kinff, Leonard, McKernan, McPherson, Mack, Newgent, Nixdorf, Owens, Peck, Ranldn, Rohrer. St. Gem, Strong, Sutton. Swearingen, Williams of Caldwell, Williams of Scotland, and Mr. President — 37 . Noes — Messrs. Clover, Gilbert of Platt«, Holcomb, Husmann, Liuton, Martin, Meyer, and ThileniuB — 8. Absent with LisAVE-r-Messrs. Adam.?, Bedford, Esther, Gamble, Gilstrap, Gram- mer. Green, Hughes, Morton, Smith of Worth, Switzler, and Weatherby — 12. Absent without Leave — Messrs. Bush, Davis of New Madrid, and Evans — 3. Sick— Messrs. Drake, Filley, Mitchell, and Smith of Mercer— 4. So the amendment to the amendment was adopted. 147 Mr. Nkwgent offered a communication from the JohnBrown Council (Loj'al League), dated Kansas City, Missouri, March 3, 1865, sustaining him in his course taken relative to deposing certain judical ofRcers, which was read for information and laid on the table. By request of Mr. Bark, leave of absence was granted to Mr. Pecli: for four days. By request of Mr. Owbns, leave of ab- sence was granted to Mr. Davis of New Madrid for nine days. The pending amendment to the article on Legislative Department, offered by Mr. Bon- ham, was taken up, and the question being on the adoption of the same, Mr. Bonham demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Childress, Davis of Nodaway, Dodson, Ellis, Evans, Folmsbee, Foster, Fulkerson, Gil- bert of Lawrence, Henderson, Holcomb, Holdsworth, Holland, Hume, King, Mc- pherson, Mack, Meyer, Newgent, Peck, Kankin, Smith of Mercer, Strong, Sutton, Swearingen, Williams of Caldwell, and Williams of Scotland— 30. Noes — Messrs. Bunce, Bush, Clover, Cowden, D'Oench, Fletcher, Gilbert of Platte. Husmann, Leonard, Linton, McKer- nan, Martin, Nixdorf, Owens, Rohrer, St. Gem, Thileuius, and Mr. President— 18. Absent with Leavb— Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Hughes, Morton, Smith of Worth, Switzler, and Weatherby— 13. , ^^. ^ ,, Sick— Messrs. Drake, Filley, and Mitchell —3. So the amendment was adopted. Mr. Husmann offered the following amend- ment: Amend sections three and five, second line, by striking out the words "white male, ' ' and striking out, in third line, the words "an inhabitant," and inserting, in lieu thereof, the words ' 'a qualified voter. ' Mr. ii'LETCHER moved that the Con- vention adjourn until half-past 9 o'clock Monday morning, on which motion Mr. demanded the ayes and noes, and the vote being taken, stood as follows: Ayks — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, Dodson, EUis, Evans, Fletch- er, Folmsbee, Gilbert of Platte, Holcomb, Holdsworth, Hume, Leonard, McPherson, Mack, Martin, Newgent, Owens, Peck, Rohrer, Smith of Mercer, Strong, Sutton, and Swearingen— 29. NoKS— Messrs. Bush, D'Oench, Fulker- son, Gilbert of Lawrence, Holland, Hus- mann, King, Linton, MoKernan, Meyer, Nixdorf, St. Gem, Xhilenius, WUliams of Caldwell, Williams of Scotland^ and Mr. President— 16. Absent with Leave— Messrs. Adams, Bedford, Esther, Gamble, Gilstrap, Gram- mer, Green, Hughes, Morton, Smith of Worth, Switzler, Weatherby, and Davis of New Madrid — 13. Absent without Leave— Messrs. Foster, Henderson and Rankin— 3. Sick- Messrs. Drake, Filley, and Mitch- ell— 3. So the motion to adjourn was agreed to, and the Convention adjourned until Monday morning next at half-past nine o'dook. FIFTY-FOTJRTH DiLY. Convention met pursuant to adjournment, the President in the chair. Mr. Holcomb asked and obtained leave of absence for Mr. Leonard for one week. Mr. BoiJnAM offered the following resolu- tion: Resolved, That no person shall be permitted to debate or explain his vote, on the call for the ayes and noes, after the roU has com- menced being called. Mr. Stkong offered as a substitute therefor the following: MONDAY, March 13th, 1865. Resolved, That no person shall be permitted to debate the question on the call of the ayes and noes, or to occupy more than two minutes in explaining his vote. After debate, the resolution and substitute were withdrawn. The pending amendment to the article on the Legislative Department, offered by Mr. Husmann, was called up; the amendment being divided, the question was on the following: 148 Amend section three, second line, by striktng out the words "white male. ' ' On which Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Budd, D'Oench, Drake, Ellis, Evans, Foster, Gilbert of Lawrence, Holcomb, Holland, Husmann, King, Linton, Meyer, Nixdorf, Kohrer, St. Gem, Strong, Thilenius, Williams ot Caldwell,, Williams of Scotland, and Mr. President — 21. Nobs — Messrs. Barr, Bonham, Bunce, Childress, Cowden, Davis of Nodaway, Folmsbee, Eulkerson, Gilbert of Platte, Henderson, Holds worth, Hume, McKernan, McPherson, Mack, Martin, Newgent, Ran- kin, Smith of Mercer, Sutton, and Swearin- gen — 21. Absent with Leave — ^Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green. Hughes, Leonard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby — 16. AbsbnI without Leave — Messrs. Bush, Clover, Dodson, FiUey, and Fletcher — 5. Sick— Mr. MitcheU— 1. So the amendment was rejected. The question then being on striking out the word ' 'white, ' ' in second line of section fifth, Mr. Strong demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Budd, Bush, D'Oench, Drake, Ellis, Evans, Puley, Foster, Gilbert of Lawrence, Holcomb, Holland, Husmann, King, Linton, Meyer, Nixdorf, Rohrer, St. Gem, Thilenius, Williams of Caldwell, Wil- Uams of Scotland, and Mr. President — 22. Noes — ^Messrs. Barr, Bonham, Bunce, Childress, Cowden, Davis of Nodaway, Dodson, Folmsbee, Fulkerson, Gilbert of Platte, Henderson, Holdsworth, Hume, McKernan, McPherson, Mack, Martin, Newgent, Rankin, Smith of Mercer, Strong, Sutton, and Swearingen — 23. Absent with Leave — Messrs. Adams, Bedford. Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Hughes, Leonard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby — 16. Absent WITHOUT Leave — ^Messrs. Clover and Fletcher. Sick— Mr. Mitchell- 1. So the amendment was rejected. The question then being on the last por- tion of the amendment offered by Mr. Hus- mann, viz: Strike out of section third, in third line, and section fifth, in second line, the words "an inhabitant, " and insert in lieu thereof the words ' 'a qualified voter, ' ' Mr. Bonham demanded the ayes and noes thereon, which being taken, the vote stood as follows: Ayes— Messrs. Barr, Bonham, Budd, Bush, Childress, Davis of Nodaway, D'Oench, Drake, EUig, Evans, Filley, Foster, Fulker- son, Gilbeft of Lawrence, Holcomb, Holds- worth, Holland, Hume, Husmann, , King, Linton. McKernan, McPherson, Mack, New- fent, Nixdorf, Rohrer, St. Gem, Strong, wearingen, Thilenius, Williams of Cald- w^ell, and Mr. President — 33. Nobs — Messrs. Bunce, Cowden, Dodson, Folmsbee, Gilbert of Platte, Henderson, Martin, Rankin, Smith of Mercer, Sutton, and Williams of Scotland — 11. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green Hughes, Leonard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby— 16. Absent without Leave — Messrs. Clover, Fletcher, and Meyer— 3. Sick— Mr. MitcheU— 1. So the amendment was adopted. Mr. Drake offered the following amend- ment, which was adopted: Amend section third, third line, by inserts ing, after the word ' 'and, ' ' the words ' 'an inhabitant." Mr. Drake offered the following amend- ment, which was adopted: Amend section fifth, in third line, by in- serting, after the word "and," the words "an inhabitant." Mr. Bonham offered the following amend- ment: Amend section fourth, second line, by striking out the word ' 'four, ' ' and inserting the word "two." On this amendment Mr. Bush demanded the ayes and noes, which being taken, the vote stood as follows : Ayes— Messrs. Bonham, Budd, Childress Davis of Nodaway, Holdsworth, Hume, McPherson, Mack, Williams of Caldwell, and Williams of Scotland — 10. Noes — Messrs. Barr, Bunce, Bush, Cow- den, Dodson, D'Oench, Drake. Ellis, Ev- ans, Filley, Foster, Fulkerson ^ Gilbert of Lawrence, Gilbert of Platte, Henderson, Holcomb, Holland, Husmann, King, Lin- ton, McKernau, Martin, Newgent, Mxdorf, Rankin. Rohrer, St. Gem, Smith of Mercer, Strong, Sutton. Swearingen, Thilenius, and Mr. President— 33. Absent with Leave— Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Hughes, Leonard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby Absent without leave — Messrs. Clover, Fletcher, Folmsbee, and Meyer — 4. Sick— Mr. Mitchell— 1. So the amendment was rejected. 149 Mr. Strong oflfered the following as a new section,': Insert as a new section between sections twenty-fourth and twenty-fifth: No prop- erty, real or personal, shall be exempt from taxation, except such as is used exclusively for public schools, and such as mav belong to the United States, to the State of Missouri, to counties, or to municipal corporations within this State. Mr. BuDD moved to amend Mr. Strong's proposition, by adding thereto the follow- ing: Provided, personal property belonging to non-residents, shall not be taxed for State, county, or municipal purposes. Mr. Linton offered the following amend- ment to the amendment: Provided , this section shall not be so con- strued as to tax orphan asylums or grave- yards. The question then being on the amend- ment to the amendment, offered by Mr. Linton, it was disagreed to. The question then being on the amend- ment offered by Mr. Budd, it was disagreed to. The question then being on the addi- tional section to the article on Legislative Department, as offered by Mr. Strong, Mr. BoNHAM demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bonham, Budd, Bunce, Bush. Childress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oeneh, Drake, Evans, Filley. Folmsbee, Fulkerson, Henderson. Holcomb, Holds worth, Hume, King, McPherson, Mack, Meyer, Nixdorf, Eankin, Smith of Mercer, Strong, Thile- nius, Williams of Caldwell, Williams of Scotland, and Mr. President— 32. Noes— Messrs. Poster, Gilbert of Law- rence, Gilbert of Platte. Holland, Linton, McKernan, Martin, Newgent, Sutton, and Swearingen-r-lO. v Absent vtith Leave— Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Hughes, Leonard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby —16. Absent without Leave- Messrs. Ellis, Fletcher, Husmann, Rohrer, and St. Gem — 3. Sick— Mr. Mitchell— 1. So the section was adopted. On motion of Mr. , the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On request of Mr. Bush, leave of absence was granted Mr. Husmann for this after- noon. Mr. Dkakk moved to reconsider the vote adopting the amendment to the fifth section, striking out of the second line the words "an inhabitant," and inserting, in lieu thereof, the words ' 'a qualified voter, ' ' and striking oit of the third line the word ' 'four, ' ' and inserting, in lieu thereof, the word " t wo ; " which motion was agreed to. Mr. Drake offered the following amend- ment to the said amendment, which was read and adopted : Amend the amendment by striking out the word ' 'two, ' ' and inserting, in lieu thereof, the word "three." The amendment, as amended, was then adopted. Mr. Bonham offered the following amend- ment: Amend section three by striking out, in lines six and seven, all after the word "taken." Which amendment was disagreed to. Mr. Budd offered the following, as an ad- ditional section : Municipal corporations chartered by tljis State may have power to open streets or alleys, within any part of their corporate limits, provided they pay the value of prop- erty taken for such purpose. Which was disagreed to. On motion of Mr. Drake, the article on Legislative Department was ordered to be engrossed for a third reading. On motion ot Mr. Bush, the article on Banks and Corporations was taken up. Mr. Strong moved that the article on Banks and Corporations be referred to the Committee of the Whole ; on which Mr. Wil- liams of Caldwell demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Dodson, Evans, Folmsbee, Gilbert of Lawrence, Gilbert of Platte, Hen- derson, Hume, King, McPherson, Strong, and Mr. President — 11. Noes — ^Messrs. Barr, Bonham, Budd, Bunce, Bush, Childress,, Davis of Nodaway, D'Oeneh, Drake, Foster, Fulkerson, Hol- comb, Holdsworth, Holland, Linton, Mc- Kernan, Mack, Martin, Meyer, Newgent, 150 Jfixdorf, Rankin, Sutton, Swearingen, Thi- lenius, Williams of Caldwell, and Williams of Scotland— 27. ' Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Hughesi Husmann, Leonard, Morton, Owens, Peck, Smith of Worth, Switzler and WeatlierSy —17. Absent without Leave— Messrs. Clover, Cowden, Ellis, Filley, Fletcher, Rohrer, St. G«m, and Smith of Mercer — 8. Sicii— Mr. Mitchell— 1. So the Convention refused to refer the ar- ticle to the Committee of the Whole. Mr. Drake oiFered the following as a sub- stitute for section one of article on Banks and Corporations : Strike out section first, and insert, in lieu thereof, the following : The General Assembly shall not pass any law incorporating, or authorizing the incor- poration of any bank, with authority to issue notes, bills, or other paper, or circu- lating medium, or renewing, or extending the onarter of any such bank heretofore es- tablished, beyond the period now fixed by law for its termination, or relieving any such bank from any penalty or forfeiture it may have incurred, or may hereafter incur. Which was disagreed to. Mr. Deake oiFered the following amend- ment: Amend by adding the following section: Sec. — . No law shall be passed reviving or re-enacting any act hei-etofore passed creating any private corporation, where such corporation shall not have been organized and commenced the transaction of its busi- ness within one year from the time such act took effect, or within such other time as may have been prescribed in such act for suth organization and commencement of business . Which was adopted . Mr. Holland offered the following amend- ment: Amend section first by inserting, in fifth line, after the word ' 'money, ' ' the words "or with the privilege of discounting any bond, note, bill, or check: or of receiving or disbursing deposits; or of buying or selling exchange. ' ' Which was disagreed to. Mr. Drake moved to strike out section second, which was agreed to . Mr. Drake oflei-ed the following amend- ment, which was adopted : Amend section fifth, first line, by sti-ildng out the words ' 'incorporated district, ' ' and inserting in lieu thei-eof the word ' 'town. ' ' Mr. Drake offered the following amend- ment: Strike out section eighth, and insert in lieu thereof the following: Dues from private corporations shall be secured by such indi- vidual liabilities and other means as may be prescribed by, law; but in all cases each stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, in a further sum at least equal in amount to such stock. Pending which, Mr. Strong offered the following amendment to the amendment of Mr. brake: Amend by striking out the words "indi- vidual liabilities and other. ' ' Pending which, Mr. Strong offered the following amendment: Amend by striking out section ninth of article on Banks and Corporations . Which was agreed to. Mr. Drake offered the following amend- ment, which was adopted: Amend section first by striking out all after the word "money, ' ' in fourth line. Mr. Drake oft'ered the following amend- ment, which was adopted: Amend section fifth, third line, by .striking out the word ' 'party, ' ' and inserting in lieu thereof the word ' 'person. ' ' On motion of Mr. Smith of Mercer, the Convention adjourned until half-past 9 o'clock to-morrow morning. 151 fifty-fifth: da.y. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Cole. A communication from the Union League of Appleton, Cape Girardeau county, asldng the Convention to prohibit disloyal attorneys from practicing in the courts, was read for information, and laid on the table. The article on Banks and Corporations was then taken up, and the question being on the following pending amendment to the amend- ment oft'ercd by Mr. Strong, to-wit: Strike out, after the word "such," the words "individual liabilities and other," The same was adopted . The question then recurred on the amend- ment as amended, to-wit: Strike out section eight, and insert in lieu thereof the following: Dues from private corporations shall be secured by such means as may be prescribed by law; but in all cases stockholders shall be individually liable, over and above the stock by him or her owned, and any amount unpaid thereon, in a further sum, at least equal in amount to such stock. On which question, Mr. Dkaicb demanded the ayes and noes, which being taken, the vote stood as follows : Ayes — Messrs. Barr, Bonham, Bunce, Childress, Cowden, Dodson, Dralce, Ellis, Evans, Eletchcr, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Henderson, Holcomb, Holdsworth, Hughes, Hume, King, McKernan, McPherson, Mack, Newgent, Rankin, Smith of Mercer, Strong, Sutton, Swearingen, and Williams of Cald- well— 30. Nobs— Messrs. Budd, Bush, Davis of Nodaway, D'Oench, Poster, Holland, Hus- raann, Linton. Martin, Nixdorf, Rohrer, St. Gem, and Mr. President— 13. Absent with Leave— Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Leon- ard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby— 15. Absent without Leave — ^Messrs. Clover, Filley, Meyer, Thilonius,' and Williams of Scotland — 5. Sick— Mr. Mitchell— 1. So the amendment was adopted. Mr. Kbiskel offered the following amend- ment: TLTiSDAY, March 14th, 1865. Amend fourth section by inserting after the word "corporation," in second line, "except such as have heretofore obtained a loan of ci-edit, and not exceeding millions of dollars. Which, after debate, was withdrawn. Mr. BuDD offered the following amend- ment: Amend section four, second line, by adding, after the word ' 'loaned, ' ' the words "directly or Indirectly. ' ' Which was disagreed to. Mr. Bush ottered the foUowuig amend- ment: Amend by adding to section four the words "except for the purpose of securing or converting loans heretofore extended to certain railroad corporations by this State. ' ' Pending which, Mr. Dkake ottered the following amendment: Strike out section four, and insert in lieu thereof the following: Tlie credit of this State shall never be given or loaned to any person, association or corporation; nor shall the State ever subscribe for stock in any corporation. The question then being on the amend- ment offered by Mr. Bush, Mr. St. Gem demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes- Messrs. Bush, D'Oench, Filley, Gilbert of Platte, Holland, Husmann, King, Linton, and Mr. President — 9. Noes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Cowden. Davis of Nodaway, Dodson, Drake, Ellis, Evans, Folmsbee, Fulkerson, Gilbert of Lawrence,. Henderson, Holcomb, Holdsworth, Hughes, Hume, McKernan, McPherson, Mack, Martin, Newgent, Nixdorf, Rankin, Rohrer, St. Gem, Smith of Mercer, Strong, Sutton, Swearingen, Thilenius, Williams of Cald- well — 85. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Leon- ard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby — 15. Absent without IjEave — Messrs. Fletcher, Foster, Meyer, and Williams of Scotland — i. Sick— Mr. Mitchell— 1. So the amendment was not agreed to. Mr. Dbake then withdrew his amendment., Mr. Dkake offered the following amend- ment: 152 Amend section four by striking out the words "the State shall not hereafter become a stocljholder in any bank, nor shall, ' ' and by striking out the word ' 'ever, ' ' in second line, and inserting in lieu thereof the words ' 'shall not. ' ' Which was adopted. ' Mr. BoNHAM offered the following as an additional sectiou : The General Assembly shall have no power, for any purpose whatever, to release the lien held by the State upon any railroad. On motion of Mr. Drake, leave of absence was granted the Secretary for the remainder of the week. On motion of Mr. Gilbert of Lawrence, the Convention adjourned until half-past two o'clock, P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Meyer offered the following resplu- tion, which was adopted: Resolved, That the Committee on Accounts are authorized to audit and pay such claims as the funds in their hands will admit of. Mr. Meyer, Chairman of the Committee on Accounts, presented the following bill for incidental expenses : 1866. JaD. 23. For express cbartces, Statutes of Mo...$ 13 75 Peb. 1. For telegram to Auditor ol State 2 00 " 10. " " " " " 68 *' 10. For revenue stamps 12 00 '* 10. For Sergeant-at-arnis, trip to Boone. 60 GO " 10 For teleHram received froui E. H. E. Jamesor. 1 30 Feb. 11. For postage stamps refunded to Sec*y. 2 00 Mar. 6. For Wett.stpr's Dictionary 15 00 " 9. For telegraph charges refunded to the President 21 CO Jan. 18. To postage .stamps furnished to Con- vention 340 00 " 31. To postage stamps furnished to Con- vention 290 00 Mar. 7. For advertisement in Missouri Radical 4'i0 Jan. 20. For messenger for carrying Ordinance of Emancipation to Jefferson City... 50 00 Mar. 12. For stationery, to C. G. Thalmann &Go 44 63 S846 65 On motion of Mr. Williams of Caldvfell, the above account was allowed. The pending additional section on Banks and Corporations, offered by Mr. Bonham, was called up, Pending which, Mr. Strong was appointed to fill the place of Mr. Budd on the Commit- tee on Engrossing. The question being on the adoption of the additional section oflfered by Mr. Bonham to the article on Banks and Corporations, Mr. Bonham demanded the ayes and noes there- on, and the vote being taken, stood as fol- lows: Ayes— Messrs. Barr, Bonham, Budd, Bunce, Childress, Cowden, Davis of Noda- way, Dodson, Drake, Evans, Folmsbeee, Fulkerson, Henderson, Holoomb, Holds- worth, Hume, Linton, McKernan, McPher- son. Mack, Newgent, Nixdoif, St. Gem, Smith of Mercer, Strong, Sutton. Swearin- gen, Williams of Caldwell, and Williams of Scotland— 29. Noes— Messrs. Bush, D'Oench, Fletcher. Foster, Gilbert of Lawrence, Gilbert of Platte, Holland, Hughes, Husmann, King, Martin. Eankin, Thilenius, and Mr. Presi- dent^l4. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Leon- ard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby — 15. Absent without Lie avb — Messrs. Clover, Ellis, Filley, Meyer, and Rohrer — 15. Sick— Mr. Mitchell— 1. So the additional section was adopted. Mr. Krbkbl ofiered the following amend- ment: Amend by adding to section four the words "except for the purpose of securing loans heretofore extended to certain railroad corporations by this State. ' ' On this amendment Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bu.sh, Childress, D'Oench, Evans, Fletcher, Foster, Gilbert of Lawrence, Gilbert of Platte, Holland, Hughes, Hume, Husmann, King, McKer- nan, Mack, Martin, Nixdorf, Eankin, Thi- lenius, Williams of Caldwell, and Mr. Presi- dent^22. Noes— Messrs. Bonham, Budd, Clover, Cowden, Davis of Nodaway. Dodson, Drake, Folmsbee, Fulkerson, Henderson. Holcomb, Holdsworth, Linton, McPherson, Newgent, St. Gem, Strong, Sutton, Swearingen, and Williams of Scotland— 20. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green. Leon- ard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby — 15. Absent without Le.vve — Messrs. Bunce. Ellis, Filley, Meyer, Rohrer, and Smith of Mercer — 6. Sick- Mr. Mitchell— 1. So the amendment was adopted. Mr. Drakb offered the following as a sub- stitute for section five: Strike out section five, and insert, in lieu thereof, the folio vring: The General As- sembly shall not authorize any county, city, 153 or town to become a stockholder in, or to loan Its credit to, any company, association, or corporation. Mr. BoNHAM offered the following amend- ment to the amendment of Mr. Drake: Amend the amendment bv adding thereto the following words: Unless two-thirds of the quahfled voters of such county, city, or town, at a regular or special election to be held therein, shall assent thereto. Which was agreed to. The question then being on the adoption of the substitute, as amended, Mr. Bon- ham demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bonham, Bunce, Childress, Cowden, Dodsou, Drake, Ful- kerson, Henderson, Holdsworth, Holland, Hume, King, Linton, McKernan, McPher- son, Mack, Newgent, Nixdorf, St. Gem, Strong, Sutton, Swearingen, Williams of Caldwell, and Mr. President— 25. Noes — Messrs. Bush, Clover, Davis of Nodaway, D'Oench, Evans, Folmsbee, Fos- ter, Gilbert of Lawrence, Gilbert of Platte, Holcomb, Husmann, Rohrer, Thilenius. and Williams of Scotland — 14. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, Gilstrap, Grammer, Green, Leon- ard, Morton, Owens, Peolf, Smith of Worth, Switzler, and Weatherby — 15. Absent wwhodt Leave — Messrs. Budd, Ellis, Filley, Fletcher, Hughes, Martin, Meyer, Rankin, and Smith of Mercer— 9. Sick— Mr. Mitchell— 1. So the substitute was adopted. Mr. Clover moved that the Convention adjourn. On this motion , Mr. D'Oench demanded the ayes and noes, and the vote being taken, stood as follows : Ayes- Messrs. Barr, Bonham, Bunce, Childress, Clover, Cowden, Davis of Noda- way, Dodson, Ellis, Folmsbee. Foster, Fnlkerson, Gilb'ert of Lawrence, Gilbert of Platte, Henderson, Holcomb, Holdsworth, Hume, Husmann, McKernan, Mack, Nix- dorf, Bankin. Rohrer, St. Gem, Strong, Sutton, and Thilenius — 28. ' Noes — Messrs. Bush,' D'Oench, Drake, Evans, Holland, King, Linton, McPherson, Newgent, Swearingen, Williams of Cald- well, Williams of Scotland, and Mr. Presi- dent^lS. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Gamble, GUstrap, Grammer, Green, .Leon- ard, Morton, Owens, Peck, Smith of Worth, Switzler, and Weatherby — ^15. Absent without Leave — Messrs. T3udd, Filley, Fletcher, Hughes, Martin, Meyer, and Smith of Mercer — 7. Sick— Mr. Mitchell- 1. So the motion to adjourn was agreed to, and the Convention adjourned until to-morrow morning at half-past 9 o'clock. FIFTY-SIXTH D^Y. Convention met pursuant to adjournment, the President in the chair. On motion ot Mr. St. Gem, the ordinance providing for the vacating of certain civil offices in the State, which was postponed until to-day, was laid over, and made the special order for to-morrow morning at 10 o'clock. On motion of Mr. Bush, the article on Banks and Corporations was taken up. Mr. Drake offered the following amend- ment, which was adopted: Amend section third by strildng out of first line the words "it shall bo the duty of, ' ' and by inserting, after the word "Assembly," in the fine first, the word "shall; ' ' by striking out of line second the word "to,'' before me word "enact;" by WEDNESDAY, March 15th, 1865. striking out of line third the words ' 'further to, " and inserting in lieu thereof the words "shall also;" and by strildng out of line third the word "the," before the word "State," and inserting in lieu thereof the word "this;" and by strildng out of line fourth the words "of Missouri," where they first occur therein. Mr. Krekel offered the following amend- ment: Amend section fifth, as amended, by striking out the words "two-thirds," and inserting in lieu thereof ' 'a majority. ' ' The question then being on the adoption of this amendment, Mr. Bonham demanded the ayes and noes thereon, and the vote being taken, stood as follows: AYBS-Messrs. Davis of Nodaway, D'Oench, Folmsbee, Foster, Pulkerson, Gilbert of 154 Lawrence, Gilbert of Platte, Holcomb, Hughes, Husmann, King, Morton, Newgent, Nixdorf, Thilonius, and Mr. President — 16. Nobs — Messrs. Barr, Bonham, Childress, Clover, Co\vden, Dodson, Drake, Ellis, Fletcher, Henderson, Holds-worth, Holland, Hume, Linton, McPherson, Mack, Rankin, Eohrer, St. Gem, Smith of Mercer, Strong, Sutton, Swearingen, Williams of Caldwell, and Williams of Scotland— 25. Absent with LEAVE^Messrsi Adams, Bedford, Davis of New Madrid, Esther, Green, Leonard, Owens, Peck, and Switzler —9. Absext without Leave— Messrs . Budd, Binice, Bush, Filley, Gamble, Gilstrap, Grammer, McKernan, Martin, Mack, Smith of Worth, and Weatherby— 12. Sick — Messrs. Evans and Mitchell — 2. So the amendment was not agreed to. Mr. D'Oek OH offered the following as an additional section: Sec. — . The General Assembly shall not change, alter or amend the charters of incorp.orated cities and towns, unless such changes, alterations or amendments are requested by a majority of the qualified voters of such cities or towns. ' ' The question then being on the adoption of this additional section, Mr. Deake demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Bush, Cliildress, Clover. D'Oench, Poster, Gamble, Gilbert of Law- rence, Holcomb, Husmann, Linton, Macli, Martin, Morton, Kanlvin, Rohrer, Strong, Thileuius, and Mr. President — 18. Noes — Messrs. Barr, Bonham, Budd, Bunce, Cowden, Davis of Nodaway, Dodson, Drake, Evans, Fletcher, Fulkerson, GUbert of Platte, Henderson, Holland, Hume, Kin^, McKernan, McPherson, Newgent, Nixdorf, Suttort, Swearingen, and Williams of Scotland — 23. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Green, Leonard, Owens, Peck, and Switzler —9. Absent without Leave — Messrs. Ellis, Filley, Folmsbee, Gilstrap, Grammer, Holdsworth, Hughes, Meyer, St. Gem, Smith of Mercer, Smith of Worth, Weath- erby, and Williams of Caldwell — 13. Sick— Mr. Mitchell— 1. So the section was not agreed to. Mr. BuSHoflered the following as a substi- tute for section fifth . as amended : The General Assembly shall provide for the organization of cities and incoi'ijorated towns, and shall restrict their power of taxation, assessment, borrowing monej', apd loaning their credit, so as to prevent abuses in assessments and in contracting debt, by such municipal corporations. Mr. Dkakb demanded the ayes and noes on this substitute, and tlie vote being taken, stood as follows : Ayes— Messrs. Bush, Evans, Gilbert of Lawrence, Linton, Martin, Morton, New- gent, and Mr. President — 8. Noes— Messrs. Barr, Bonham, Budd, Bunce, Clover, Cowden, Davis of Nodaway, Dodson, D'Oench, Drake. Fletcher, Fulker- son, Gamble, Gilbert of Platte, Henderson, Holcomb, Holland, Hume, Husmann, King, McKernan, McPhei-son, Maclv, Nixdorf, Rohrer, Strong, Sutton, Swearingen, and Williams of Scotland— 29. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Green, Leonard, Owens, Peck, and Swltx- ler— 9. Absent without Leave — Messrs. Chil- dress, Ellis, Filley, Folmsbee, Foster, Gil- strap, Grammer, Holdsworth, Hughes, Meyer, Rankin, St. Gem, Smith of Mercer, Smith of Worth, Thilenius, Weatherby, and Williams of Caldwell— 17. Sick— Mr. Mitchell— 1. So the substitute was not agreed to . On motion of Mr. Dkake, the article on Banks and Corporations was ordered to be engrossed for a third reading. On motion of Mr. Bonham, the Conven- tion adjourned until half-past two o'clock, P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Williams of Caldwell asked and obtained leave of absence for Mr. St. Gem, for this afternoon . On motion of Mr. Bonhaji, the ai'ticle on the Judicial Department was taken up. Mr. D'Oench offered the following ;unend- ment thereto: Amend section seven, first line, \>y striking out ' 'eight' ' and inserting ' 'sis. ' ' Which was disagreed to . Sir. Drake offered the following, as an additional section, to follow section eleven : Sbction • — . The State, except the county of St. Loiiis, shall be divided into four dis- tricts, each of which shall embrace at least three judicial circuits, and in each of which districts a court shall be held at such times as may be provided by law, to be known as the district court, liach district court shall be held by the judges of the circuit courts of the circuits embraced in the district in which such court shall be held, a majority of whom shall be a quorum . The district courts shall, I within their respective districts, have like 155 original jurisdiction with the supreme court, aim appellate jurisdiction from all final judgments of the circuit courts within the district; and, after the establishment of such district courts, no appeal or writ of error shall He from any circuit court to the supreme court, but shall be prosecuted to the district court, from which an appeal or wTit of error may be taken to the supreme tourt. ' Mr. BoKHAM offered the following amend- inent: Amend section thirteen, in line one, by adding after the word "cirouits" the fol- lowing: "Not to exceed sixteen until the year 1880, when tlie General Assembly may increase the number. ' ' Mr. Mack moved to amend the amend- ment of Mr. Bonham, as follows: Strilse out "sixteen' also strike out ' '1880' and insert ' and insert fifteen, ■'1875.' Which was disagreed to . The question then being on the pending amendment offered by Mr. Bonham, Mr. HusMANN demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Da.vis of Nodaway, Dralce, Kvans, Fulkerson, Gamble. Gilbert of Law- rence, Holdswortli, Hughes, McPherson, Mack, Rankin, Strong, and WiUiams of Scotland — 13. Noiss— Messrs. Bush, Clover, Cowden, Oodson, D'Oench, Gilbert of Platte, Hol- land. Husmann, King, Linton, McKernan, Martin, Morton Newgent, Nixdorf, Rohrer, ,Smith of Mercer. Sutton, Swearingen, Thi- lenius, and Mr. President— 21 . Absent with I;eave— Messrs. Adams, Bedford; Davis of New Madrid, Esther, Green, Leonard, Owens, Peck, St. Gem, and Switzler — 10. ' Absent without IjEavb— Messrs. Barr, Bonham. Budd. Bunce, Childress, Ellis, Filley, Fletcher, Folmsbee, Foster, Gil- strap, Grammer. Holcomb, Hume, Meyer, Smith of Worth, Weatherby , and Williams of Caldwell— 18. Sick— Mossr-s. Henderson and jyiitchell— 2' So the amendment was not agreed to. On motion of Mr. Husmann , a call of the house was ordered, and the following mem- bers answered to their names: Messrs. Barr, Bunce, Bush, ChUdrcss- Clover, Cowden, Davis of Nodaway, Dod, son, D'Oench, Dralre, Evans, .Fletcher- Folmsbee. Foster, Fulkerson, Gamble, Gil, bert of Lawrence, Gilbert of Platte, Holds- worth, Holland, Hughes, Husmann, King' Linton, McKernan, McPherson, Mack. Mar, tin, Mever, Morton, Newgent, Nixdorf, Rankin." Rohrer, Smith of Mercer. Strong, Sutton, Swearingen, Thilenius, Williams of Scotland, and Mr. President-41. Absent with Leave— Messrs. Adams, Bedford. Davis of New , Madrid. Esther, Green, Leonard,- Owens, Peck, Switzler, and St. Gem— 10. Absent without L"H:AVE--Mcssrs. Bon- ham, Budd, Ellis, Filley, Gilstrap, Gram- mer, Holcomb, Hume, Smith of Worth, Weatherby, and Williams of Caldwell— 11. .Sick- Messrs . Henderson and Mitchell— 2. On motion of Mr. Bare, further proceed- ings under the call were dispensed with. On motion of Mr. Stkoxg, the Convention adjourned until half-past 9 o'clock to-mor- row morning. THURSDAY, March IGth, 1865. Convention met pursuant*to adjournment, the President in the chair. Prayer by Rev. Dr. Nelson. Mr. Husmann asked to be excused from further service on the Committee on En- grossed Bills. Mr. Drake moved that Mr. Husmann be excused, which was disagreed to. On motion of Mr. St. Gem, the special business for this morning, being the ordi- nance for the vacating of certain civil officers in the State, waS taken up. The question recurring on the amendment of Mr. Switzler, Mr. Bush offered the fol- lowing as a substitute for the first section of said article : Section 1. The Governor of the State is hereby empowered, at any time within six months from the passage of this ordinance, to remove from office the judge or clerk of any court, the recorder of deeds, circuit attorney, or sheriff' of any county, whose disloyalty to the Government of the United States ot America, or sympathy with the existing rebellion, shall be proved by evi- dence satisfactory to him; and he is hereby to' I 156 empowered and directed to immediately fill, by appointment, all offices so vacated; and persons by him so appointed shallhold the offices and execute the duties and functions thereof from the date of their respective commissions untU the next general election, when the same shall be filled according to law. And the Governor shall make to the General Assembly, on the first day of the session thereof (in November next), a full report of all such removals and appoint- ments, and the reasons that induced him to make such removals. The question being on the substitute of Mr. Bush, Mr. Bonham demanded the ayes and noes thereon ; and the vote being taken stood as follows : Ayes — ^Messrs. Bush, Gilbert of Platte, Holland, and Linton — 4. Noes — Messrs. Barr, Bonham, Budd, Childress, Clover, Davis of Nodaway, Dod- son, D'Oenoh, Drake, Ellis, Evans, Filley, Fletcher, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence Gilstrap, Henderson, Holcorab, Holdsworth, Hume, Husmann, Kin^, McKernan MoPherson, Mack, Martin, Meyer, Newgent, Nixdorf, Rankin, Rohrer, St. Gem, Smith of Mercer, Strong. Sutton. Swearingen, Thilenius, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 44. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Green, Leonard, Owens, Peck, and Switz- ler— 9. Absent without Leave — Messrs. Bunce, Cowden, Grammer, Hughes, Morton, and Smith of Worth— 6. Sick— Mr. Mitchell— 1. So the substitute was not agreed to. On motion of Mr. Drake, the amend- ments offered by Mr. Switzler were laid on the table. Mr. Strong withdrew the amendment heretofore offered by him to section first. Mr. Gilstrap offered the following amend- ment: Strike out all of the first section after the word "appointment, ' ' in the sixth line, and insert ' 'for the remainder of the term of each office, respectively'. ' ' Which was adopted. Mr. Folmsbee offered the following amendment: Amend by inserting in the third line, after the word "recorders," the words "and of all sheriffs." Mr. St. Gem offered the following amend- ment to the amendment of Mr. Folmsbee: Amend the amendment by including pub- lic administrators. Which was disagreed to. The question then being on the amend- ment of Mr. Folmsbee, it was adopted. Mr. Gilstrap ottered the following amend- ment: Strike out all after the date 1862. Which was disagreed to. Mr. Drake offered the following amend- ment, which was adopted: Every person appointed by the Governor imder this ordinance, shall, before entering upon the discharge of the duties of his- office, take the oath prescribed in the second section of the ordinance defining the quali- fications of voters and civil officers in this State, adopted June 10, 1862, and shall give bond in such form, in such sum, and with such security, as are required by ex^ isting laws. Mr. Martin asked leave of absence un- til the 1st of April, which was granted. On motion of Mr. Bonham, the Conven- tion adjourned until half-past 2 o'clockP. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Bonham moved to fill the blanks in the fourth line of the first section with the words "first" and "May," which was agreed to. Mr. Bush offered the following amend- ment, and demanded the ayes and noes thereon : Amend section first by adding thereto the following: Provided, that no member of this Convention shaU be qualified to become an appointee under this ordinance, unless he now holds any of the offices hereby vacated. The ayes and noes being taken, the vote stood as follows: Ayes— Messrs. Bush, Gilbert of Platte, Husmann, Morton, and Thilenius — 5. Nobs — Messrs. Barr, Bonham, Bunce, Childress, Cowden, Davis of Nodaway, Dod- son, Drake, Evans, Fulkerson, Gamble, Gilbert of Lawrence, Holdsworth, Hume, King, McKernan, McPherson, Mack, Mar- tin, Rankin, Rohrer, St. Gem, Smith of Mercer, Sutton, Swearingen, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President— 29. Absent with Leave— Messrs. Adams, Bedford, Davis of New Madrid, Esther, Green, Owens, Peck, and Switzler — 8. Absent without Leave — Messrs. Budd, Clover, Dodson, Ellis, Filley, Fletcher, Folmsbee, Foster, Gilstrap, Grammer, Hen- derson, Holcomb, Holland, Hughes, Leon- 157 ard, Lmton, Meyer, Newgeiit, Nixdorf, Smith of Worth, and Strong— 21. Sick— Mr. Mitchell— 1. So the amendment was not agreed to. Mr. Drake offered the following amend- ment, which was adopted: Strike out the first sentence of the first section, and insert in lieu thereof the follow- ing: That the oflices of the judges of the supreme court, of all circuit courts, and of all courts of record, established by any act of the General Assembly, and those of the justices of all county courts, and all clerks of any of the aforesaid courts, of all circuit attorneys and their assistants, and of all sheriffs and county recorders, shall be va- cated on the first day of May, one thousand eight hundred and sixty-five: and the same shall be filled, for the remainder of the term of each of said offices, respectively, by ap- pointment by the Governor. The Govenior shall, in like manner and with like effect, fill any vacancy now existing in any of said offices. Mr. Morton moved to reconsider the vote on the amendment offered by Mr. Bush, and on this motion Mr. Husmakn demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Bush, Gilbert of Platte, Husmann, Linton, Morton, Newgent, Nix- dorf, Swearingen, Thilenius, and Mr. Presi- dent^lO. Nobs — Messrs. Barr, Bonham, Budd, Bunco, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Evans, FiUey, Fulkerson", Gamble, Gilbert of Lawrence, Gilstrap , Henderson , Holcomb , Holdsworth, Holland, Hughes, Hume, King, McKer- uan, McPhersoh, Mack, Martin, Meyer, Rankin, Rohrer, St. Gem, Sutton, Weath- erby, Williams of Caldwell, and Williams of Scotland— 35. Absent with Leave — Messrs. -Adams, Bedford, Davis of New Madrid, Esther, Green, Leonard, Owens, Peck, and Switz- ler- 9. Absent without Leave — ^Messrs. D'Oeneh, EUis, Fletcher, Folmsbee, Fos- ter, Grammer, Smith of Mercer, Smith of Worth, and Strong — 9. Sick— Mr. Mitchell— 1. So the motion to reconsider was not agreed to. Mr. Morton moved to amend by adding to the end of section first the following words : Provided, however, that no offices shall be vacated which were filled by the election held in November last. Mr. Morton demanded the ayes and noes on his motion, and the vote being taken, stood asfoUows: Ayes- Messrs. Gilbert of Platte, Hughes, Linton, Morton, and Sutton — 5. Noes— Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Dralie, EHis, Evans, Filley, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Henderson, Holcomb, Holdsworth, Holland, Hume, Husmann, King. McKernan, McPherson, Mack, Mar- tin, Meyer, Newgent, Nixdorf, Bankin, Rohrer, St. Gem, Smith of Mercer, Swear- ingen, Thilenius, Weatherby, Williams of Caldwell, WiUiams of Scotland, and Mr. President — 41 . Absent with Leave — ^Messrs. Adams, Bedford, Davis of New Madrid, Esther, Green, Owens, Peck, and Switzler — 8. Absent without Leave — Messrs. Bush, D'Oeneh, Fletcher, Folmsbee, Foster, Grammer, Leonard, Smith of Worth, and Strong— 9. Sick— Mr. Mitchell— 1. So the amendment was not agreed to. Mr. Gilstrap offered the following amend- ment, which was adopted: Amend second section by striking out the first and second lines thereof, and inserting the following: No person shall be prose- cuted in any civil action, or criminal pro- ceeding, for or on account of any act. Mr. St. Gem offered the following amend- ment: Amend section second by striking out, in the third line, the word "after, "and in- serting, in lieu thereof, the words ' 'prior to;" and strike out, in line four, the word^^ "one," and insert, in lieu thereof, the word "five." Which was disagreed to. Mr . Husmann offered the following amend- ment: • Amend section first by striking out the word "May, ' ' and inserting, in lieu thereof, the word ' 'April. ' ' Which was declared out of order. Mr. Hughes offered the following amend- ment: Strike out second section. Mr. Hughes demanded the ayes and noes on his motion, and the vote being taken, stood as follows : Ayes — Messrs. Drake, Evans, Gamble, Gilbert of Platte, Hughes, King, Linton, Morton, and Sutton — 9. Noes — Messrs. Barr, Bonham, Budd, Bunce, Bush, Childress, Clover, Cowden, Davis of Nodaway, Dodson, D'Oeneh, EUis, Filley, Foster, Fulkerson, Gilbert of Lawrence, Gilstrap, Henderson, Holcomb, Holdsworth, Holland, Hume, Husmann, McKernan,' McPherson, Mack, Morton, Meyer, Newgent, Nixdorf, Rohrer, St. 158 Gem, Smith of Mercer, Strong, Swearingen, Thilenius, Weatherby, Williams' of Cald- well, Williams of Scotland, and Mr. Presi- dent-^0. Absent with Leavb^ — Messrs. Adams, Bedford, Davis of New Madrid, Esther, Green, Leonard, Martin, Owens, Peck, and Swtzler— 10. Absent without Leave — Messrs. Fletcher, Folnisbee, Kankin, and Smith of Worth— 4. Sick— Mr. Mitchell— 1. So tlpie motion to strike out section t^vo was not agreed to . Mr; Draice moved that the ordinance be engrossed for a third reading. On this motion Mr. Bonha.m demanded the ayes and noes, and the vote being taken stood as follows : Ayes — Messrs. Barr, Bonham. Bndd, Bunce, Bush, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Fillev, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Henderson, Holcomb, Holdsworth, Holland, Hume, I-Iusmann, King, McKeruan, McPherson. Mack, Meyer, Newgent, Nixdorf, Eohrer, St. Gem, Smith of Mercer, Strong, Sutton, Swearino-en, Thilenius, Weatherby, Williams of Caldwell, WiUiams of Scotland, and Mr. Presidenf>-43. Noes — Mr. Hughes — 1. Absent with Leave— Messrs. Adams, Bedford, Davis of New Madrid, Esther. Green, Leonard, Martin, Owens, Peck, and Switzler— 10. Absent without Leave — Messrs. D'Oench, Fletcher. Folmsbee. Gilbert of Platte, Grammer, Linton, Morton, Kaukin, and Smith of Worth— 9, Sick— Mr. Mitchell— 1. So the motion to engross was agreed to. On motion of Mr. Foster, the Convention adjourned until half-past 9 o'clock to-mor- row morning. FIITTY-EiaECTH: DA.Y. Fim)AY, March 17th, i8G5. Convention met pursuant to adjournment, the President in the chair. Prayer bj"" Eev. Mr. McLain. Mr. Gamble asked leave of absence for Mr. Kankin until Tuesday next. Mr. Gilbert of Platte asked that the leave of absence heretofore granted to Mr. Switzler be extended until to-morrow; which was granted . Mr. Drake offered the following amend- ment to the article on the mode of amend- ing and revising the Constitution, which was laid on the table and ordered to be printed ; Strike out section third, and insert in lieu thei-eof the following: The General Assembly may, at any time or times after the year one tiiousand eight hundred and seventy, authorize, bylaw, a vote of the people to be taken upon the question whether a Conven- tion sliall be held for the purpose of revising and amending the Constitution of this State; and if. at such election, a majority of the votes on the question be in favor of a Con- vention, the Governor shall issue writs to the sheriffs of the diit'erento oimties, ordering the election of delegates to such a Conven- tion, on a day within three months after that on wliicli the said question shall have been voted on . ■ At such election , each senatorial district shall elect two delegates for each Senator to which it may then be entitled in the General Assembly, and every such delegate shall have the qualifications of a Senator. The election shall be conducted in contormity with the laws ]'egulating the election of' Senators. The delegates so. elected shall meet on the fourth Wednesday suc- ceeding their election , at such place as may be provided bylaw, and organize themselves into a Convention, in such manner as they may determine upon, and proceed to revise and ahiend the Constitution; and the Constitution, when so revised and amended, shall, on a day to be therein fixed, not lesis than sixty nor more than ninety days after that on which it shall have been adopted by the Convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose only ; and if a majority of all the votes given be in favor of such Constitution, it shall, at the end of thirty days after such election, become the CoMsti- tution of this State. The result of such election shall be made known by proclama- tion by the Governor. The General Assembly shall have no power, otherwise than as in this section specified, to authorize a Conven- tion for amending the Constitution; nor shall any Convention which may be called for another purpose have power to revise, amend, or change any part of the Constitu- tion. On motion of Mr. Drake, the article on the Judicial Department was taken up. 159 Mr. Dkake oflfered the following amend- ment: Insert the following additional section next after section eleventh: Sbc._ — .. The State, except the county of St. Louis, shall be divided into not less than four districts, each of which shall embrace at least three judicial ch-cuits; and in each dis- trict a court, to be known as the district court, shall be held, at such times and places as may be provided by law. Eacli district court shall be held by the judges of the cir- cuit courts embraced in the district, a major- ity of vv"hoin shall be a quorum . The district courts shall, within their respective districts, have like onginal jurisdiction with the supreme court, and appellate jurisdiction from the final judgments of the circuit courts, and of all inferior courts of record within the district, except probate and county courts . After the establishment of such dis- trict courts, no appeal or writ of error shall lip from any circuit court, or inferior court of record, to the supreme court, but shall be prosecuted to the district court, from the final judgments of which an appeal or writ of error may be taken to the supreme court, in such cases as may be provided by law. Pending which, Mr. Strokg, Chairman of the Committee on Engrossed Bills, reported the ordinajice vacating certain civil offices in tliis State as correctly engrossed. Mr. Stkong offered the following amend- ment to the second section, which was adopted: The provisions of this section shall apply in all cases where suits are now pending, in the same manner and with like effect as in suits or actions hereafter brought. The ordinance was (hen put upon its final passage. Mr. FoLMSBEE moved a call of the house, which being ordered, the following mem- bers responded to their names : Messrs. Barr, Bonham. Budd, Bunce, Childress, Clover, Cowden, Davis of Noda- way, Dodson, D'Oeneh, Drake, Ellis, Ev- ans, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence. Gilbert of Platte, Gil- »trap, Henderson, Ilolcomb, Holdsworth, Holland, Hughes, Hume, Husmann, King, Linton, McKernan, McPherson, Mack, Meyei-, Morton, Newgent, Nixdorf, Peck, Roiirer, St. Gem, Smith of Mercer, Strong, Suttou, Swearingen, Thilenius, Weatherby, "Williams of Caldwell, Williams of Scotland, and Mr. President — i8. Absent with Lisave — ^Messi-s. Adams, Bedford, Davis of New Madrid, Green, Leonard, Martin, Owens, Kankin, and Switzler— 9. Absent without Leave — ^Messrs. Bush, Esther, Filley, Fletcher, Grammer, Smith of Worth— 6. ' ' Sick— Ml-. Mitchell— 1. On motion of Mr. Dkakb, fui-ther pro- ceedings under the call were dispensed vvuth. The question being on the final passage of the ordinance vacating certain civil offices in this State, Mr. Drake demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Barr. Bonham, Budd, Bunce, Childress, Clover. Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Folmsbee, Foster. Fulkerson, Gamble, Gil- bert of Jjawrence. Gilstrap, Henderson. Hol- comb, Holdsworth, Holland. Hume, Hus- mann, King, McKernan, McPhei-son, Mack, Meyer, Newgent, Nixdorf, Peck, Rolirer, St. Gem, Snnth of Mercer, Strong. Sutton, Swearingen. Thilenius. Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — i3. Noes — Messrs. D'Oencb, Gilbert of Platte, Hughes, Linton, and Morton— 5. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Green, Leon- ard. Martin, Owens, liankin, and Switzler— 9. Abskxt without Leave— Messrs. Bush, Esther, Filley, Fletcher, Grammer, andSniitii of Worth- 6. Sick— Mr. Mitchell— 1. So the ordinance was adopted. Mr. Strong moved that the vote last taken be reconsidered, and also moved that the motion to reconsider be laid on the table, which latter motion was agreed to . Mr. Drake offered the following l-esolu- tion, which was adopted: Resolved, That the ordinance providing for the vacating of certain civil offices in the State, tilling the same anew, and protecting the citizens from injury and harassment'", be enrolled, and authenticated by the signa- tures of the Pi'esidentand Secretary, and de- posited in the office of the Secretary of State. Mr. Williams of Caldwell offered the fol- lovving resolution, which was disagreed to : Resolved:, That a copj' of the ordinance vacating certain civil offices in this State, and for the protection of citizens from injury and harassment, be transmitted to the Governor of this State. The article on the Judicial Department was then taken up, and the question being on the adoption of the amendment offered by Mr. Drake, he demanded the aj-es and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bonham.. Budd, Bunce, Childress, Cowden, Davis of Noda- way, Dodson, D'Oeneh, Drake, Ellis, Evans, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence. Gilstrap, Henderson, Holcomb, Holdsworth, Hughes, 160 Hume, King, McKernan, McPherson, Mack, Keyer, Newgent, Nixdorf, Peck, Smith of Mercer, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Williams of Scotland— 38. Noes — ^Messrs. Foster, Grilbert of Platte, Holland, Husmann, Lintou, Kohrer, Thilenius, and Mr. President — 8. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Green, Leonard, Martin, Owens, Eankin, and Switzler — 9. Absent without Leave — ^Messrs. Bush, Clover, Esther, Filley. Grammer, Morton, St. Gem, and Smith of Worth— 8. Sick— Mr. Mitchell— 1. So the amendment was adopted. Mr. Drake ofiered the following amend- ment, which was adopted: Amend section first by inserting in second line, after the word "court," the words ' 'in district courts. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend section fourth, line first, by striking out the word ' 'five, ' ' and inserting in lieu thereof the word "three;" and by striking out the word ' 'three,' ' and inserting in lieu thereof the word ' 'two. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend section fifth, second line, by striking out the words ' 'hold two sessions annually, ' ' and inserting in lieu thereof the words "be held." Mr. Drake offered the following amend- ment, which was adopted: Amend section sixth by striking out the word "ten," and inserting in lieu thereof the word "six." Mr. Drake offered the following amend- ment, which was adopted: Amend section seventh by striking out of second line the word "five," and also by striking out of fifth line the words ''eight and ten," and inserting the word ''and" before the word "six." in the same line: and by striking out of line seventh the word "ten," and inserting in lieu thereof the word "six." On motionof Mr. Rohrer, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The Convention resumed the consideration of the article on the Judicial Department. Mr. Drake offered the following amend- ment, which was adopted: Amend section thirteen, by inserting in line three, after the word ' 'and," the words ' 'except as hereinafter provided. ' ' Mr. Drake offered the following amend- ment: Amend section thirteen by striking out the words ' 'the first general election for circuit judges shall be on the first Tuesday after the first Monday in November, 1869, and on the the same day every six years thereafter, ' ' and inserting in lieu thereof the following: "At the general election in the year one thousand eight hundred and sixty -eight, and at the general election every sixth year thereafter, except as hereinafter provided, all the circuit judges shall be elected and shall enter upon their offices on the first Monday of January next ensuing their election. ' ' Mr. GiLSTRAP moved to amend the amend- ment as follows: Strike out ' ' 1868 ' ' and insert ' ' one thousand eight hundred and seventy. ' ' Which was adopted. The amendment as amended was then adopted. Mr. Drake offered the following amend- ment, which was adopted: Amend section fourteen by striking out the words ' 'for the term of six years. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend section fourteen by inserting the following between lines nine and ten: At the first session of said court after the judges thereof, who may be elected in the year one thousand eight hmidred and seventy, shall have assumed office, the said judges shall, by lot , deiermine the duration of their several terms of office, which shall be, respectively, two, four, and six years; and shall certify the result to the Secretary of State. At the g'eneral election every two years after the flection in that year, one judge of said coui't shall be elected to hold office for the term of six years from the first Monday of January next ensuing. Mr. Drake offered the following amand- ment, which was adopted: Amend section fourteen by inserting in line eleven, after the word "require," the following: "Any additional judges author- ized shall hold office for the term of six years, and be elected at a general election and enter upon their office on the first Mon- day of January next ensuing. ' ' Mr. Draice offered the following amend- ment, which was adopted: 161 Amend section eighteen Tsy adding thereto the words "which shall not be diminished Ounng the period for which they were elected. " Mr. Dkakb offered the following amend- ment, which was adopted: Amend section seventh, line first, by sU-iknig out the words "sixty-eight," and mserting in lieu thereof the word ''seventy." Mr. GiLSTEAP offered the following amendment, which was adopted: Amend by adding the following section, to oome in after section fom-teen: Section — . The provisions contained in this article, requiring an election to be held to ill! a vacancy in the office of judges of the supreme and circuit courts, shall have rela- tion to vacancies occurring after the year one thousand eight hundred and seventy; up to which time any such vacancy shall be Idled by appointment by the Grovernor. Mr. Drake offered the following amend- ment, which was adopted: Strike out section twentieth, and insert in lieu thereof the following: The supreme court and the district oom-ts shall appoint theii- respective clerks. Clerks of cii-cuit com-ts and of county courts shall be elected hiY the qualified voters of the coimty, at a general election, and shall hold office for ilie term of four years from and after the first Monday in January next ensuing, and until their successors are duly elected and qualified. The first election of such clerks, sifter the adoption of this Constitution, shall be at the general election in the year one ttiousand eight hundred and sixty-six, any existing law of this State to the contrary notwithstanding. Mr. Hoi.coMB offered the following amend- ment: Strike out, in the sixth line, the word ' "four, ' ' and insert ' 'six. ' ' On which, Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Bunce, JDodson, Foster, Fulkerson, Gamble, Gilbert of Platte, Gil- .strap, Hender.-on, Holcomb, Holdsworth, Hughes, Husmann, Kins;, Linton, Meyer, Jfewgeut, Sweariiigen, Thilenius, Williams of Caldwell, and Mr. President — ^20. Noes— Messrs. Bonham, Childress, Clover, Cowden, Davis of Nodaway, Drake, Evans, Folmsbee, Gilbert of Lawrence. Holland, Hume, McKernan, McPherson, Mack, Nix- dorf. Peck, Strong, Sutton, andWUliams of Scotland— 19. Absent with Leave — ^Messrs. Adams, Bedford, Davis of New Madrid, Green, Leonard, Martin, Morton, Owens, Eankin, and Switzler— 10. Absent without Leave — Messrs. Barr, Budd, D'Oench, Ellis, Esther, Filley, Fletcher, Grammer, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, and Weatherby— 13. Sick— Messrs. Bush, and Mitchell— 2. So the amendmejit was adopted. Mr. Bonham offered the following amend- ment: Amend by striking out "six," and in- serting "two." And demanded the ayes and noes thereon, vihich being taken , stood as follows : Ayes — Messrs. Bonham, Childress, Clo- ver, Davis of Nodaway, Evans, Folmsbee," Gilbert of Lawrence, Holland, Hume, Mc- Kernan, Mack, Nixdoif, Peck, and Sutton — 14. Noes— Messrs. Bunce, Cowden, Dodson, Drake, Foster, Fulkerson, Gamble, Gilbert of Platte, Gilstrap, Henderson, Holcomb, Holdsworth, Hughes, Husmann, King, Linton, MePherson, Meyer, Newgent, Strong, Swearingen, Thilenius, Weatherby, Williams of Caldwell, Williams of Scot- land, and Mr. President— 26. Absent with Leave- Messrs. Adams, Bedford, Davis of New Madrid, Green, Leonard, Martin, Morton, Owens, Kankin, and Switzler — 10. Absent without Leave- Messrs. Barr, Budd, D'Oench, Ellis, Esther, Filley, Fletcher, Grammer, Rohrer, St. Gem, Smith of Mercer, and Smith of Worth — 12. Sick — Messrs. Bush and Mitchell — 2. So the amendment was not agreed to. Mr. Holdswokth moved to reconsider the vote by which the amendment of Mr . Holcomb was adopted, which was agreed to. The question then recurring on the adop- tion of Mr. Holcomb's amendment, Mr. Bon- ham demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes— Messrs. Bunce, Foster, Gilbert of Platte, Gilstrap, Henderson, Holcomb, Husmann, Linton, Meyer, Newgent, St. Gem, Swearingen, Thilenius, and Williams of Caldwell -14. Noes — Messrs. Bonham, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Evans, Folmsbee, Fulkerson, Gamble, Gil- bert of Lawrence, Holdsworth, Holland, Hughes, Hume, King, McKernan, MePher- son, Mack, Nixdorf, Peck, Strong, Sutton, Weatherby, Williams of Scotland, and Mr. President-27. Absent with Leave — Messrs. Adams, Bedford, Davis of New Madrid, Green, Leonard, Martin, Morton, Owens, Rankin, and Switzler — 10. Absent without Leave — Messrs. Budd, D'Oench, Ellis, Esther, Filley, Fletcher, Grammer, Rohrer, Smith of Mercer, and Smith of Worth— 10. 162 Sick — Messrs. Barr, Bush, and Mitchell So. the amendment was not agreed to. Mr. BoNHAM offered the following amend- ment, which was disagreed to : Amend by adding to ttie section: But no such clerk shall hold any other office, nor perform any other official functions, during the term for which he was elected. Mr. Dkakb oifered the following amend- ment: Amend by inserting, after section twenty, the following additional section : Sec; — . No clerk of any court established •by this Constitution, or by any law of this State, shall apply to his own use, from the fees and emoluments "of his office, a greater sum than two thousand five hundred dollars for each year of his official term, after pay- ing out of such fees and emoluments such amounts for deputies and assistants in his office as the court may deem necessary and may allow; but all surplus of such fees and emoluments. over that sum, after paying the amounts so allowed, shall be paid into the county treasuy for the use of the county. The General Assembly shall pass such law,s ,as may be necessary to carry into effect the provisions of this section. On which amendment, Mr. Drake de- manded the aj'es and noes; and the vote being taken, stood as follows : Aybs — Messrs. Bonham, Childress, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Evans, IT'olmsbee, Fulkerson, Gamble, Gil- bert of Lawrence, Gilbert of Platte, Gilstrap, Henderson, Holcomb, Holdsworth, Hughes, Hume, Husmaun, McKernan, McPherson, Mack, Newgent, Nixdorf, Peck, Strong. Sut- ton, Thilenius, WiUiams of Caldwell, Wil- liams of Scotland, and Mr. President — 32. Noes — Messrs. Foster, Holland, King, Lin- ton, St. Gem, and Sweaiingen — 6. Absent with "Leavb— Messrs. Adams, Bedford, Davis of New Madrid, Green, Leon- ard, Martin, Morton, Owens, Kanldn, and Switzler— 10. Absent without Leave — ^Messrs. Budd, Bunce, Childress, D'Oench, ElUs, Esther, Pilley, Fletcher, Grammer, Meyer, Rohrer, Smith of Mercer, Smith of Worth, and Weath- erby — 14. Sick— Messrs. Bush and Mitchell— 2. So the amendment was adopted. Mr. Dkakb moved to amend the title by striking out the letter "V" a;ud the words ' 'of the, ' ' which was agreed to. Mr. Newgent, from the Committee on Militia, reported an ordinance entitled "An Ordinance for the organization of the Missouri Militia, ' ' which was read a first and second time. Mr. Gilstkap moved to fill the blank in said ordinance by inserting the word "eight." Pending which amendment, Mr. Stkong moved to amend the amendment by striking out "eight' ' and inserting ' 'two. ' ' On motion of Mr. Clover, the ordinance and pending amendments were postponed and made the special order for Wednesday next. Mr. HusMANN asked and obtained leave of absence for six days from Monday next. Mr. Meyer asked and obtained leave of absence for five days. Mr. HuMB asked and obtained leave of absence for three days. On motion of Mr. Bonham, the Convention adjourned until half-past 9 o'clock to- morrow morning. FIFTY-N^INTEL D^Y. SATUEDAY, March 18th 1865. Convention met pursuant to adjournment, the President in the chair. Prayer byEev. Mr. NiccoUs. Mr. Drake offeree^ the following resolu- tions, which were adopted: Mesohed, That any leave of absence, here- tofore granted to any member for an indefi- nite time, is hereby revoked. Resolved, That the President be requested to notify each member who is, or may here- after be, absent after the expiration of the period of his leave of absence, that such leave has expu-ed, and that his presence in the Convention is required. ' Mr. Bonham offered the following reso- lution : Resolved That no leave of absence granted after the 25th inst. , to any member,' unless for cause of sickness in the family of the member making his application. Which was not adopted. 163 Mr. Holland asked leave of absence dur- ing next week; which was granted. Mr. Gilbert of Platte obtained leave of absence for this day. Mr. Barr offered the following resolution, which was adopted: Resolved, That Mr. Smith of Worth be excused for being absent without leave. On motion, the article on the Judicial Department was taken up. Mr. Mack offered the following amend- ment: Amend section thirteen, in line eighteen, by striking out after the word ' 'November," the figures ' '1870, ' ' and insert in lieu thereof the figures "1866." Which was temporarily withdrawn. Mr. Drai£e moved- to reconsider thei vote on the adoption of Mr. Gilstrap's amend- ment to his amendment to the thirtee'nth section, and also to reconsider the vote adopting [said amendment as amended on the motion of Mr. Gilstrap; which motions were agreed to. The question then recurred on the amend- ment of Mr. Gilstrap, on which the ayes and noes were demanded, and the vote being taken, stood as follows: Aybs — Messrs. Budd, Bunce, Dodson, Holcomb, Kewgent, and Swearingen — 6. Noes — Messrs. Barr, Boniiam, Bush, Childress, Clover, Cowden, Davis of Noda- way, D'Oench, Drake, EUis, Evans, Fletch- er, Folmsbee, Fulkerson, Gamble, Gilbert of Lawi'ence, Henderson, Holdsworth. Hol- land, Hughes, Husmann, King, Linton, McKernan, McPherson, Mack, Morton, Nix- dorf, Peck, Eohrer. St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Switzler, Thilenius, Weatherby, Williams of Caldwell, WUliams of Scotland, and Mr. President — 41. Absent with Leave — Messrs. Adams, Davis of New Madrid, Gilbert of Platte, Green, Hume, Leonard, Martin, Meyer, Owens, andEankin — 10. Absent without Leave — Messrs. Bed- ford, Esther, PUley, Foster, Gilstrap, and Grammer — 6. Sick — Mr. Mitchell — 1. So the amendment was not agreed to. The question then recurring on Mr. Drake's amendment to the thirteenth sec- tion, Mr. Mack offered the following amend- ment to the amendment: Strike out the word "eight," and insert "six." And demanded the ayes and noes thereon ; and the vote being taken, stood as follows: Ayes— Messrs. ChUdr&ss, Cowden, Drake, Fletcher, Gamble, Gilbert of Lawrence, Hughes, Mack, Morton, Peck, Smith of Worth, Sutton, Switzler, and Williams of Scotland — 14. Noes — ^Messrs. Barr, Bonham, Bunce, Bush, Clover, Davis of Nodaway, Dodson, D'Oench, Ellis, Evans, Folmsbee, Fulkerson, Gilstrap, Henderson, Holcomb, Holdsworth, Holland, Husmann, King, Linton, McKernan, McPherson, Newgent, Nixdorf, Eohrer, St. Gem, Smith of Mercer, Strong, Swearingen, Thilenius, Weatherby, WU- liams of CaldweU, and Mr. President — 33. Absent with Leave — Messrs. Adams, Davis of New Madrid, Gilbert of Platte, Green, Hume, Leonard, Martin, Meyer, Owens, andEankin — 10. Absent without Leave — Messrs. Bedford, Budd, Esther, FUley, Poster, and Grammer —6. Sick— Mr. Mitchell— 1. So the amendment was not adopted. Mr. Fletcher moved to adjourn until Monday morning. On this motion Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows : Ayes— Messrs. Bush, Childress, D'Oench, EUis, Evans, Fletcher, Folmsbee, Gamble, GUbert of Lawrence, Henderson, Holcomb, Holdsworth, McKernan, Morton, Eohrer, St. Gem. Smith of Mercer, Strong, Switzler, Thilenius, and Weatherby — 21. Noes — Messrs. Barr, Bonham, Bunce, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Fulkerson, GUstrap, HoUand, Hughes, King, Linton, McPherson, Mack, Newgent, Nixdorf, Peck, Smith of Worth, Sutton, Swearing'en, Williams of CaldweU, and Williams of Scotland — 24. Absent with Leave — Messrs. Adams, Davis of New Madrid, Gilbert of Platte, Green, Leonard, Martin, Meyer, Owens, Rankin, and Mr. President — ^10. Absent without Leave — Messrs. Bedforj!, Budd, Esther, FiUey, Foster, Grammer, Hume, and Husmann — 8. Sick— Mr. Mitchell— 1. So the motion to adjourn until Monday was not agreed to. . On motion of Mr. Bush, leave of absence was granted the President until Monday next. Mr. Bush offered the following amend- ment to the pending amendment :^ Amend the amendment by striking out the word "eight, ' ' and insert the word ' 'nine. ' ' The ayes and noes being demanded thereon, the vote stood as follows : Ayes— Messrs. Bush, Clover, Dodson, D'Oench, Evans, Fletcher, Gamble, Gilstrap, Holcomb. Husmann King, Linton, Newgent, Kohrer, St. Gem, Smith of Mercer, Smith ot 164 Worth, Swearingen, Thilenius, and Weath- erby— 20. Nobs— Messrs. Barr, Bonham, Bunce, Chil- dress, Cowden, Davis of Nodaway, Drake, Ellis, Folmsbee, Fulkerson, Gilbert of Law- rence, Henderson, Holdsworth, Holland, Hughes, McKernan, MoPherson, Mack, Mor- ton, Peck, Strong, Sutton, Switzler, Williams of Caldwell, and Williams of Scotland — 25. Absbnt with Leavb — Messrs . Adams, Da- \ is of New Madrid, Gilbert of Platte, Green, Hume, Leonai'd, Martin, Meyer, Owens, Ean- kin, and Mr. President — 11. Absent without Leave — Messrs. Bed- ford, Budd, Esther, Filley, Foster, Gram- mer, and Nixdorf— 7. Sick— Mr. MitcheU— 1. So the amendment was not agreed to. The question then being on the amend- ment offered by Mr. Drake to the thirteenth section, he demanded the ayes and noes thereon, and the' vote being taken, stood as follows : Ayes — ^Messrs. Barr, Bonham, Bmice, Childress, Cowden, Davis of Nodaway, Drake, Ellis, Folmsbee, Fulkerson, Gam- ble, Gilbert of Lawrence, Henderson, Holdsworth, Holland, McKernan, McPher- son, Mack, Peck, Strong, Sutton, Swearin- geu, Williams of Caldwell, and Williams of Scotland— 24. Nobs — ^Messrs. Bush, Clover, Dodson, D'Oench, Evans, Fletcher, Gilstrap, Hol- eomb, Husmann, King, Linton, Morton, Newgent, Rohrer, St. Gem, Smith of Mer- cer, Smith of Worth, S\vitzler, Thilenius, and Weatherby — 20. Absent with Leave — ^Messrs. Adams, Davis of New Madrid, Grammer, Green, Hume, Leonard, Martin, Meyer, Owens, and Mr. President — -10. Absent without Leave — Messrs. Bed- ford, Budd, Esther, Filley, Foster, Gilbert of Platte, Hughes, Nixdorf, and Rankin— 9. Sick— Mr. Mitchell— 1. So the amendment was adopted. Mr. Drake asked and obtained leave of absence for the Secretary vmtil Tuesday next. Mr. Fletcher moved that the Convention adjourn until Monday morning. On which motion Mr. Davis of Nodaway demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Bonham, Bunce, Bush, Childress, D'Oench, Ellis, Evans, Fletcher, Folmsbee, Gamble, Gilbert of Lawrence, Henderson, Holcomb, Holdsworth, Hus- mann, McKernan, McPherson, Mack, Mor- ton, Rohrer, St. Gem, Smith of Mercer, Strong, Swearingen, Switzler, Thilenius, and Weatherby— -27. Noes — Messrs. Barr, Clover, Cowden, Davis of Nodaway, Dodson, Drake, Fulker- son, Holland, Hughes, King, Linton, New- gent, Peck, Smith of Worth, Sutton, Wil- liams of Caldwell, and Williams of Scotland —17. Absent with IjBavb — ^Messrs.. Adams, Davis of New Madrid, Green, Hume, Leon- ard, Martin, Meyer, Owens, and Mi-. Presi- dent— 9. Absent without Leave — Messrs. Bed- ford, Budd, Esther, Filley, Foster, Gilbert of Platte, Gilstrap, Grammer, Nixdorf, and Rankin — 10. Sick— Mr. Mitchell— 1. So the motion was agreed to, and there- upon the Convention adjourned until Mon- day morning next, at half-past 9 o'clock. SIXTIETH DA.Y. Convention met pursuant to adjournment. The President and Vice President being absent, Mr. Barb was chosen President pro tern. , and called the Convention to order. Prayer hy Rev. Mr. Osborne. Mr. Bunce asked leave of absence for Mr. McKernan for four days ; which was granted . Messrs. Bonham, Newgent, and Smith of Mercer, were reported sick. Mr. Peck offered the following resolution: Resolved, That this Convention, after its adjournment this evening, shall thereafter meet at 9 o'clock, A. M. MONDAY, March 20th, 1865. Mr. Strong offered the following amend- ment to the resolution : Resolved, That the Convention will here- after meet at 9 o'clock, A. M., and adjourn at 12 M.; and meet at 2 P. M., and adjourn at 5 P. M. Mr. Fletcher offered the following sub- stitute for the original resolution and amend- ment: Resolved, That hereafter this Convention will meet at 9 o'clock, A. M., and adjourn at 2 o'clock, P. M. Mr. Drake demanded the ayes and noes 165 on the substitute, and the vote being taken, stood as follows : Ayes— Messrs. Bush, D^Oench. Ellis, Fletcher, Folmsbee, Foster, Gilbert of Platte, Gilstrap, Holdsworth, Eohrer, St. Gem, Switzler, and Weatherby— 13. Noes— Messrs. Barr, Budd,"Bunce, Chil- dress, Cowden, Davis of Nodaway, Dodson, Dralie, Evans, Fulkerson, Gilbert of Law- rence, Henderson, Holooinb, Hughes, King, McPherson, Mack, Morton, Nixdorf, Peel, Strong, Sutton, Swearingen, Williams of Caldwell, Williams of Scotland, and Mr. President — 26. Absent with Leave- Messrs. Davis of New Madrid, Green, Hume, Husmann, Leonard, McKernan, Martin, Meyer, Owens, and Smith of Worth— 10. Absknt without Leave— Messrs. Adams, Bedford, Clover, Esther. Filley, Gamble, Grammer, Holland, Linton, Eiankin, and Thilenius — 11 . Sick — Messrs. Bonham. Mitchell, New- gent, and Smith of Mercer — i. So the substitute was not adopted. The vote was then taken on the amend- ment of Mr. Strong, and it was not agreed to. The original resolution of Mr. Peck was then adopted. Mr. Gilstrap presented the following ordinance, which was read the first time: Be it ordained by the People of the State of Mis- souri, in Convention assembled, as follows : Section 1. The State of Missouri is here- by di^ided into two districts, for the punish- ment of crimes, by a line which shall follow the middle of the main channel of the Mis- souri river, from the east line of the State to the west line thereof; and all that part of the State lying north of the Missouri river shall be called the Northern District, and all that part lying south of said river shall be called the Southern District. Sec. 2. A criminal court of record is hereby established in each of said districts, composed of one judge for each district, who shall be appointed by the Governor of the State, and hold office during his pleasure, until otherwise provided by the General As- sembly. Sec. 3. The criminal court hereby estab- lished shall have original criminal jurisdic- tion, concurrent with the circuit courts (except misdemeanors) , within each district, bo-extensive throughout the district, in all respects as the circuit courts now have in each county. And the judge of each district shall have power to cause to oe summoned and im- panneled, from time to time, grand juries; to appoint his own times and places within his district for holding his court, to do which no notice shall be required; and it shall con- tinue in session, from day to day (Sundays excepted) as long as may be necessary. Sec. 4. Any person who may have com- mitted any homicide, felony, or other crime (except misdemeanors), or who may here- after commit any such crime, against the laws of this State, within either of said dis- tricts, maybe indicted, tried and convicted in any county in such district. And if the crime shall have been committed within one mile of the Ime dividing said distripts from each other, the oifender may be indicted, tried and convicted in either. Sec. 5. No person charged with homicide, felony, or other high crime, shall be admitted to trial in either of said courts, or elsewhere; nor shall the tiial of any such person be continued or delayed longer than IS necessai-y to obtain witnesses bv direct process. No change of venue shall be f ranted, nor dilatory plea admitted, except emurrers to the sufficiency of indictments, and motions for new trials, and in aiTest of judgment. Sec. 6. The judge of each court may appoint his own clerk, who shall take the same oath, give like bond, and be entitled to the same fees, as circuit court clerks. And each and every sherift', in each district, shall be subject to be ordered by the jud^e thereof, to attend his court, summon grand and petit jurors, serve writs and other process, issued from such court, and shall obey the same. The private seal, of the clerk, with his signature, shall be a sufficient authentication ot any writ or order; and the approval of the judge, following the signature and seal of the clerk, shall be a sufficient authentication of any record. Appeals and writs of error shall lie from these courts to the supreme court. Sec. 7. In each of said districts there shall be a prosecuting attorney, appointed by the Governor, who shall hold office during his pleasure; shall be subject to the same laws, and entitled to the same fees, as circuit attorneys, except that his annual salary , paid quarter -yearlv, out of the State treasury, shall be one t"housand dollars. Sec. 8. The courts hereby established, except as in this oi-dinance is provided, shall be governed in all things by existing laws regulating crimes and punishments, and criminal proceedings thereunder. Sec. 9. Each judge of the criminal courts, hereby established, shall receive for his services an annual salary of three thousand dollars, to be paid quarter-yearly, out of the State treasury. Sec. 10. This ordinance may be repealed by the General Assembly, at any time after the first day of November, A. D. 1866. Mr. Mack moved that the ordinance be rejected. On this motion Mr. Gilstbap demanded the ayes and noes ; and the vote being taken , stood as follows : Ayes- Messrs. Barr, Childress, Cowden, Davis of Nodaway, Drake. FiUey, Folms- bee, Fulkerson, Gilbert of Lawrence, Lin- ton, McPherson, Mack, Nixdorf, Peck, 166 Strong, Sutton, and Williams of Scotland —17. KoBS — ^Messrs. Budd, Bush, Clover, Dod- son, D'Oench, Ellis, Evans, Foster, Gam- ble, Gilbert of Platte, Gilstrap, Henderson, Holcomb, Holdsworth, Hughes, King, Mor- ton, Newgent, St. Gem, Smith of Worth, Svveari'ngen, Switzler, Thilenius, Weath- erby, and Mr. President — 25. Absent with Lbavb — ^Messrs. Bedford, Davis of New Madrid, Green, Hume, Hus- maun, Leonard, McKernan, Martin, Meyer, and Owens — 10. Absent WITHOUT Lb AVE — Messrs. Adams, Bunce, Esther, Fletcher, Grammer, Hol- land, Rankin, Eohrer, and WiUiams of Caldwell— 9. Sick — Messrs. Bonham, Mitchell, and Smith of Mercer — 3. So the motion to reject the ordinance was not agreed to. On motion of Mr. Gilstrap, the rules were suspended, the ordinance read the second time and ordered to be printed, and referred to the Committee on the Judicial Department. Mr. SwiTZLBK offered the following reso- lution : Reaoived, That the Secretary of this Con- vention inform the Governor that the seat of Thomas B. Harris, of the Third district, has been declared vacant by this body ; and that he be requested to issue a proclamation ordering a special election , to till the vacancy thus occasioned. Mr. FoLMSBKB moved to amend the reso- lution by striking out all after the word ' 'body, ' ' and demanded the ayes and noes thereon; and the vote being taken, stood as follows : Aybs — Messrs. Barr, Childress, Clover. Cowden, Davis of Nodaway, Dodson, Drake, Ellis, Filley, Folmsbee, Foster, .Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Holdsworth, Holland, McPherson, Mack, Newgent, Nixdorf, Peck, Smith of Worth, Strong, Sutton, Swearingen, , Weatherby, Williams of Scotland, and Mr. President — 29. Noes— Messrs. Bush, D'Oench, Evans. Gilbert of Platte, Holcomb, Hughes, Lin ton ^ Morton, St. Gem, Switzler, and Thilenius— 11. Absent with Leave— Messrs. Davis of New Madrid, Green, Hume, Husmann, Leonard, McKernan, Martin, Meyer, and OWens — 9. Absent without Leave — Messrs. Adams, Bedford, Budd, Bunce, Esther, Fletcher, Grammer, Henderson, Holland, Kankin, Rohrer, and Williams of Caldwell— 12. »SiCK — Messrs. Bonham, Mitchell, and Smith of Mercer- 3. So the amendment was adopted. The resolution, as amended, was then adopted. On motion of Mr. St. Gem, Mr. Gilstrap was added to the Committee on the Judiciary. On motion of Mr. Davis of Nodaway, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Drake, the article on the Judicial Department was taken up. Mr, Drake moved to reconsider the vote adopting the amendment to section seventh, striking out the words "sixty-eight," and inserting in lieu thereof the word ' 'seventy ; ' ' which was agjceed to. The question then recurring on the amend- ment, it was not agreed to. Mr. Drake moved to reconsider the vote adopting the amendment inserted in section fourteenth, between lines nine and ten; which was agreed to. Mr. Drake offered the following amend- ment to the amendipent, which was adopted: Amend the amendment, to come in between lines nine and ten, of section fourteen, by striking out the word "seventy," and inserting in lieu thereof the words "sixtj-- eight. ' ' And the amendment as amended was adopted. Mr. Drake moved to reconsider the vote adopting a new section to come in after sec- tion fourteenth, which was agreed to. Mr. Drake moved to amend said new sec- tion , by striking out the word "seventy," and inserting in lieu thereof the words "sixty-eight, ' ' which was agreed to. And the said section, as amended, was then adopted. Mr. Drake offered the following amend- ment, which was adopted: Amend section eighth, line thii-d , by insert- ing, after the word "election," tlie words "occurring more than three months after the happening of such vacancy. ' ' Mr. Weatherby offered the following amendment: ■ Strike out sections twenty-first, twenty- second and twenty-third, and insert the fol- lowing in lieu thereof: Section — . A court of common pleas is hereby established in each county in the 167 state, except St. Louis county, composed of one judge; and shall have jurisdiction in all places and matters as a coiu-t of probate; of all misdemeanors on plaint or petition, and concurrent jurisdiction with justices of the peace and the circuit courts, in all actions wherein the debt or damages claimed, exclu- sive of interest, shall not exceed five hundred dollars ; ot actions for the recovery of per- sonal property, and actions of forcible entry and detamer; to foreclose mortgages and enforce vendors' liens, which jurisdiction may be increased by the General Assembly. The circuits provided by law for the circuit courts, shall compose the circuits for the common pleas court, in each of which a judge shall be appointed by the Governor, or elected by the people, in the same ipan- ner and for the same period as judges of the circuit courts, and shall be entitled to the same salary, and paid quarterly by the coun- ties of his circuit, in such portion as the judge of the circuit maj"- determine. Skc. — . The court of common pleas shall be a court of record, and shall be held at the places of holding the circuit courts, and the county clerk of each county shall be the clerk of each court. Sec. — . The judges of common pleas shall hold four terms of the court of common pleas annually in each county, at such time as they shall determine, until otherwise pro- vided by law. Appeals and writs of error shall lie from the court of common pleas to the district or supreme court, in the same manner as from the circuit court. Mr . Dkakk offered the following substitute for the amendment offered by Mr. Weath- erby: Strike out sections twenty-first, twenty- second and twenty-third, and insert in lieu thereof the following: Inferior tribunals, to be known as county courts, shall be estab- lished in each county for the transaction of all county business, and with such other jurisdiction as may be conferred by law. Mr. Deake demanded the ayes and noes on his substitute, and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bunce, Bush, Childress, Cowden, Navis of Nodaway, Dodson, D'Oench, Drake, Ellis, Evans, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Holcomb, Holdsworth, Hughes, King, Linton, Mc- Pherson, Mack, Newgent, Peck, Sutton, Swearingen, Switzler, Thilenius, Williams of Scotland, and Mr. President— 33 . Nobs — Messrs. Foster, Gilbert of Platte, Morton, Rohrer, St. Gem, Smith of Worth, Strong, Weatherby, and Williams of Cald- well— 9. Absent with Leave — Messrs. Davis of New Madrid, Green, Hume, Husniann,- Leonard, McKernan, Martin, Meyer, and Owens — 9. Absent without Leave — Messrs. Adams, Bedford, Budd, Clover, Esther, Filley, Gi'ammer, Holland, and Eankin — 9. Sick — Messrs. Bonham, Henderson, Mitchell, and Smith of Mercer — i. So the substitute was adopted. Mr. Dkakb offered the following amend- ment: Amend section twenty-two by adding thereto the following:' The judge of the probate court shall be ex-offieio one of the justices, and the presiding justice, of the county court. Mr. Drake withdrew his amendment. Mr. Weatheeby offered the following amendment: Amend section twenty-two by adding thereto the foUowiiig: County courts and probate courts shall oe established, iu each county in this State, which shall have juris- diction of misdemeanors, and other subor- dinate juiisdiction . The probate court shall be composed of one judge, who shall also be one of the three, and the presiding judge, of the county court. Mr. Smith of Worth moved to refer the article and pending amendments to the Committee on the Judicial Department. On motion of Mr. King, the Convention adjourned until 9 o'clock to-morrow morn- SIXTY-FIRST D^Y. Convention met pursuant to adjournment, the President in the chair. Prayer by Kev. Mr. Armstrong. The pending motion of Mr. Smith of Worth was called up and rejected. Mr. Weatheeby offered the following, in TUESDAY, March 21st, 1865. lieu of the substitute presented by him yesterday : Strike out sections twenty -one, twenty- two, and twenty-three, and insert the fol- lowing: Sec. — . Inferior tribunals, for the trans- action of county business, shall be estah- 168 tablished in each county ; and separate interior tribunals, in eaoli county, composed of one judge, shall he established, with probate jurisdiction, and such other juris- diction as the General Assembly may ijrovide. Sec. — . The judge of probate, in each county, shall be ex-offiaio a member of the county court of their county, and the pre- siding judge thereof. Which stibstitute, after debate, was rejected. The question then recurring on the amend- ment of Mr. Drake, Mr. Bonham moved to strike out all after the w^ord "business;" which motion was rejected. ' The question then being on the amend- ment of Mr. Drake, he demanded the ayes and noes thereon, and the vote being taken stood as follows : Ayes — Messrs. Barr, Childress, Cowden, Drake, Evans, Fletcher, Fulkerson, Gam- ble, Gilbert of Lawrence, Henderson, Holcomb, MoPherson, Mack, Newgent, Nixdorf, Peck, Eankin. Sutton, Swearin- gen, Switzler, and Mr.' President — 21. Noes — Messrs. Bonham, Bush, Davis of Nodaway, Dodson, D'Oencli, Polmsbee, Gilbert of Platte, Gilstrap, King, Linton, Morton, Owens, Kohrer, St. Gem, Smith of Worth, Strong, Thilenius, Weatherby and Williams of Scotland— 19. Absent with Leave — M;essrs. Davis of New Madrid, Hume, Husmann, Leonard, McKernan, Martin, and Meyer^ — 7. Absent without LEAVB-^Messrs. Adams, Bedford, Budd, Bunce, Clover, Ellis, Esther, Filley, Foster, Grammer, Holds- worth, Holland, Hughes, and Williams of Caldwell— 14. Sick — Messrs. Mitchell and Smith of Worth— 2. Excused — Mr. Green — 1. So the amendment was adopted. Mr. Gilbert of Platte offered the follow- ing amendment : Amend section sixteen by adding thereto the following words: Nor of any court of record except county courts, until he shall have been at least five years a licensed, prac- ticing lawyer. Mr. Bunoe moved to amend the amend- ment, by excepting Cooper county. Mr. Bonham offered the following as a substitute tor Mr. Gilbert's amendment: And have been licensed to practice law in the courts of some one of the United States for five years previous to his election. On motion ot Mr. Drake, the amendment offered by Mr. Gilbert of Platte, together with the amendment thereto and substitute therefor were laid on the table. The question recurring on Mr. Drake's amendment to section twentieth, Mr. Strong moved to amend the amendment, as follows: Strike out the words "clerks of circuit courts and county courts," and insert as follows: "clerks of all other courts of record." Which was agreed to. Mr. Drake's amendment, as amended, wa» then adopted* Mr. Strong offered the following amend- ment, which was adopted: Add, at the end of section twelfth, "and have been a qualified voter of this State for three j^ears. " Mr. Strong offered the following amend- ment, which was adopted: Amend section thirteen, by inserting, in line one, after the word "circuits," the words "not exceeding sixteen, of which the county of St. Louis shall constitute one. ' ' Mr. Bush offered the following additional section : Sec. — . The General Assembly may mod- ify or abolish the grand jury sj^stem. On this question Mr. Barr demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Bush, Clover, D'Oench, Gamble, Holcomb, Newgent, Nixdorf, Ow- ens, Rohrer, and Weatherby — 10. Noes — Messrs. Barr, Bonham, Budd. Bunce, Childress, Cowden, Davis of Noda- way, Drake, Evans, Polnisbee, Fulkerson, Gilbert of Lawrence, Gilbert of Platte, Henderson, Hughes, King, Linton, McPher- son, Mack, Morton, Peck, Kaukiii, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Williams ot Scotland, and Mr. President^29. Absent with Leave — Messrs. Davis of New Madrid, Hume, Husmann, Leonard, McKernan, Martin, and Meyer — 7. Absent without LEAVB-^Messrs. Adams, Bedford, Dodson, Ellis, Esther, Filley, Fletcher,. Foster, Gilstrap, Grammer. Green, Holdsworth, Holland, St. Gem, Thilenius, and Williams of Caldwell— 16. Sick— Messrs. Mitchell and Smith of Mercer — 2. So the amendment was rejected. Mr. Owens offered the following amend- ment : Strike out section eighteenth, and insert the following: The salary of each judge of the supreme court shall bo four thousand dollars per annum, and the salary of each judge of the circuit court shall be thre« thousand dollars per annum, payable quar- terlj', and shall not be increased or diminished durmg his continuance in office. 169 Mr. Drake moved to lay the amendment on the table, and demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bunce, Childress, Davis of Nodaway, Dodson, Drake, Ellis, l^vans, Fulkerson, Gamble. Gilbert of Lawrence, Henderson, Hughes, King, McPherson, Mack, Morton, Newgent, Nix- dorf. Peck, l^ankin. Sutton, Swearingen, fewitzler, Williams of Caldwell, and Williams ot Scotland— 26. Noes— Messrs. Bonham, Bush, Clover, D'Oench, Fletcher, Folmsbee, Gilbert of Platte, Gilstrap, Green, Holcomo. Linton, Owens, Smith of Worth Strong, Weatherbv, andMr. Prcsident^ie. Absent with Leave— Messrs. Davis of New Madrid, Hume, Husmann, Leonard, McKernaii, Martin, and Meyer— 7. Absent wiTHODT Leave- Messrs. Adams, Bedford, Budd, Cowden, Esther, Filley, Foster, Grammer, Holdsworth, Holland, Kohrer, St. Gem, and Thilenius— 13. Sick — Messrs. Mitchell and Smith of Mercer — 2. So the amendment was laid on the table. Mr. Newgent moved to reconsider the vote on the adoption of Mr. Drake's amend- ment to sections twenty-one, twenty-two and twenty-three. On this motion Mr. Drake demanded the ayes and noes, which being, taken, the vote stood as follows : Ayes— Messrs. Budd, Bush, Clover, Cowden, Dodson, D'Oench, Ellis, Evans, Fletcher, Folmsbee, Fulkerson, Gilbert of Platte, Gilstrap, Green, Henderson, Hol- comb, Linton, Morton, Nevsrgent, Nixdorf, Owens, Rankin, Kohrer, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Mr. President— 30. Nobs — Messrs. Barr, Bonham, Bunce, Childress, Davis of Nodaway, Drake, Gam- ble, Gilbert of Lawrence, Hughes, King, McPherson, Mack. Peck, and Williams of Scotland— 14. Absent with Leave — Messrs. Davis of New Madrid, Hughes, Hume, Husmann, Leonard, McKernan. Martin, and Meyer — 8. Absent without Leave — Messrs. Adams, Bedford, Esther, Filley, Poster, Grammer, Holdsworth, St. Gem, Switzler, and Thi- lenius — 10. Sick — Messrs . Mitchell and Smith of Mer- cer— 2. So the motion to reconsider was agreed to. Mr. Weatherby oiiered the following amendment, vsrhich vv^as disagreed to : Strike out sections twenty-second and twenty -third, and insert as follows: There shall be established, in each senatorial dis- trict in this State, a probate court, w^hich shall be a court of record, open at all times, and holden by one iudge (elected by the voters of the district), who shall hold his office for the term of six years, and shall receive such compensation, payable out of the county treasuries of the counties com- posing the district (or fees, or both), as shall be provided by law. The question then recurring on Mr. Drake's amendment, he withdrew the .same, and offered the following in lieu thereof, which was adopted : Strike out sections twenty-flrst, twenty- second, and twenty-third, and insert in lieu thereof the following: Sec. 21. Inferior tribunals, to be known as county courts, shall be established in each county, for the transaction of all county business. In such courts, or in such other tribunals inferior to the circuit courts as the General Assembly may establish, shall be vested the jurisdiction of all matters apper- taining to probate business ; to granting let- ters testamentary and of administration ; to settling the accounts of executors, adminis- trators, and guardians: and to the appoint- ment of guardians, and such other jurisdic- tion as may be conferred by law. Mr. Green offered the following amend- ment, which was rejected: Amend section eleventh by striking out, in second line, the words "and upon solemn occasions." Mr. Strong moved to strike out sectioll eleventh, which was rejected. On motion, the Convention adjourned until half-past 2 o'clock P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Barr moved to reconsider the vote on Mr. Strong's amendment to section thir- teenth. After debate, Mr. Barr withdrew his motion. Mr. Strong moved to reconsider the vote on the adoption of the amendment of Mr. Drake, to add an additional section after section eleventh of the article on Judicial Department, establishing district courts. Mr. BoDD moved to lay the rnotion of Mr. Strong on the table, and on this motion Mr. BoNHAM demanded the ayes and noes, and the vote being taken, stood as follows :i Ayes — Messrs. Bonham, Budd, Bunce, Childress, Davis of Nodaway, Drake, Evans, 170 Fulkerson, GamWe, Gilbert of Lawrence, Henderson, Holdsworth, McPherson, Mack, Peck, Eankin, Sutton, and Williams of OaldweU— 18. Nobs— Messrs. Barr, Bush, Clover, Dod- son, Fletcher, Folmsbee. Foster, Gilbert of Platte, Gilstrap, King, Linton, Morton, Nixdorf, Owens, Robrer, St. Gem, Smith of Worth, Strong, Swearingen. Switzler, Thilenius, Weatherby, Williams of Scotland, and Mr. President — 24. Absent with Leave — Messrs. Davis of New Madi-id, Holland, Hume, Husmann, Leonard, McKernan, Martin, and Mever —8. Absent withodt Lkavi; — Messrs. Adams, Bedford, D'Oench, EUis, Esther, Filley, Grammer, Green, Hoicomb, Hughes, and Newgent — 11. SiOK — Messrs. Cowden, Mitchell, and Smith of Mercer — 3. So the motion to lay on the table was re- jected. The question then recurring on Mr. Strong's motion to reconsider, Mr. Bon- ham demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Bush. Dodson, Fletcher, Poster, Gilbert of Platte, Gilstrap, Lin- ton, Morton, Newgent, Nixdoif, Owens, Eohrer, St. Gem, Smith of Worth, Strong, Swearingen, Switzler, Thilenius, Weatherby, Williams of Caldwell, and Mr. President — 21. Noes— Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Cowden. Davis of Nodaway, Drake, Evans, Folmsbee, Ful- kerson, Gamble, Gilbert of Lawrence, Henderson, Holdsworth, King, McPherson, Mack, Peck, Rankin, Sutton, WiUiams of Scotland— 23. Absent with Leave — Messrs. Davis of New Madrid, Holland, Hume, Husmann, Leonard, McKernan, Martin, and Meyer — 8. Absent without Leave — ^Messrs. Adams, Bedford, D'Oench, Ellis, Esther, Filley, Grammer, Green, Holcomb, and Hughes— Sick— Messrs. Mitchell and Smith of Mer- cer — 2. So the motion to reconsider was rejected. Mr. Drake offered the following amend- ment: Add to section thirteenth the following: After the year one thousand eight hundred and seventy, the General Assembly may in- crease the number of judicial circuits as the public interest may require. Mr. Owens moved to amend the amend- ment of Mr. Diake as foUows: Strike out all before th^ year one thousand eight hundred and seventy. Which was i-ejected. The question then being on the amend- ment of Mr. Drake, Mr. Williams of Cald- well demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bonham, Budd, Bunce, Childress, Cowden, Dodson, Drake, Evans, Folmsbee, Gilbert of Lawrence, Henderson, Holdsworth, King, McPherson, Mack, Peck, Rankin, Sutton, and Williams of Scotland— 20. Noes— Messrs. Bush, Clover, Davis of Nodaway, Fletcher, Foster, Fulkerson, Gamble, Gilbert of Platte, Gilstrap, Linton, Morton, Newgent, Nixdorf, Owens, Rohrer, St. Gem, Smith of Worth, Strong, Swear- ingen, Switzler, Thilenius, Weatherby, Williams of Caldwell, and Mr. President —24. Absent with Leave — ^Messrs. Holland, Hume, Husmann, Leonard, McKernan, Martin, and Meyer — 7. Absent withodt Leave — Messrs. Adams, Bedford, Davis of New Madrid, Ellis, Es- ther, Filley, Grammer, Green, Holcomb, and Hughes^ — 10. Sick— Messrs. D'Oench, Mitchell, and Smith of Mercer— 3. So the amendment was not agreed to. Mr. Drak-e moved to reconsider the vote upon the amendment offered by Mr. Strong to section thirteen, insei'ting, after the word "circuits," in the first line, the words "not exceeding sixteen, of which the county of St. Louis shall constitute one. ' ' Mr. St. Gem moved to lay the motion on the table ; on which Mr. Gilstkap demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Bush, Da^-is of Nodaway, Fletcher, Foster, Gamble, Gilbert of Platte, Linton, Morton, Nixdorf, Owens, Rohrer, St. Gem, Strong, Sutton, Switzler, Thi- lenius. Weatherby, and Williams of Scot- land— 18. Noes— Messrs. Barr, Bonham, Budd. Bunce, Childress, Clover, Cowden, Dod- son, Drake, Evans, Folmsbee, Fulkerson, Gilbert of Lawrence, Gilstrap, Henderson, Holdsworth, King, McPherson, Mack, Newgent, Peck, Rankin, Smith of Worth, Swearingen, Williams of Caldwell, and Mr. President— 26. Absent with Leave— Messrs. Holland, Hume, Husmann, Leonard, McKernan. Martin, and Meyer — 7. Absent without Leave — Messrs. Adams, Bedford, Davis of New Madrid, Ellis, Esther, Filley, Grammer, Green, Hol- comb, and Hughes — 10. Sick— Messrs. D'Oench, Mitchell, an.d Smith of Mercer — 3. So the motion to lay on the table the motion to reconsider was not agreed to. The question then being on Mr. Drake's 171 motion, he demanded the ayes and noes thereon- and the vote being taken, stood as follows : Ayes— Messrs. Barr, Budd, Bunce, Clover, Cowden, Dodson, Drake, Evans, Gilstrap. King, McPherson, Mack, Nixdorf, Peck, Rankm, Sutton, Swearineen, and Williams of CaldweU— 18. Noes— Messrs. Bonham, Bush, Davis of Nodaway, Folrasbee, Foster. Fulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Henderson, Holcomb, Holdsworth, Linton, Morton, Newgent, Owens. Rohrer, Smith of Worth, Strong, Switzler. Thilenius, Weatherby, Williams of Scotland, and Mr. President— 24. Absent with Leave— Messrs. Holland, Hume, Husmann, Leonard, MoKernau, Mai-tin, and Meyer— 7. Absent WITHOUT Leave— Messrs. Adams, Bedford, Childress, Davis of New Madrid, EUis, Esther, Filley. Fletcherj Grammer, Green, Hughes, and St. Gem— 12. Sick— Messrs. D'Oench, Mitchell, and Smith of Mercer— 3. So the motion to reconsider was not agreed to. On motion of Mr. Drake, the article on the Judiciary Department was ordered to be engrossed for a third reading. Mr. BuDD moved to discharge the Com- mittee of the Whole from the further consideration of the article on State Indebt- edness , and to consider it now in Convention ; which was agreed to. Mr. Owens moved that a committee of nine be appointed— one from each congres- sional district^-to divide the State by counties into sixteen judicial circuits, and they report at an early day as practicable; which was agreed to. Mr. Budd moved to take up the article on State Indebtedness; which was agreed to. Pending the consideration of which, on motion, the Convention adjourned until 9 o'clock to-morrow morning. SIXTY-SECOTSTD UJC^. Convention met pursuant to adjournment, the President in the chair. Mr, Dkakb offered the following reso- lution: Resolved, That the Committee on Judicial Circuits be instructed to report a division of the State into four judicial districts, with the times and places of holding district courts therein. The PBBSiDBifT announced the following named gentlemen as a committee to divide the State into sixteen judicial circuits, as provided for in the motion of Mr. Owens, agreed to yesterday : Messrs. Clover. Owens, Sutton, Mack, Foster, Gilbert of Platte, Weatherby, Gil- strap, and Holdsworth. Mr. Stkong moved to amend the resolu- tion offered by Mr. Drake, by sti-iking out the word "four" and inserting "five;" which was agreed to. Mr. Drake's resolution as amended was then adopted. On motion of Mr. Holcomb, the leave of absence granted to Mr. Leonard, was extended for one week. WEDNESDAY, March 22d, 1865. On motion of Mr. Sjhth of Mercer, leave of absence was granted to the Sergeant-at- arms for two days. On motion of Mr. Barr, the regular order of this day, being the ordinance for the organization of the Missouri militia, was taken up. Mr. Bark offered the following amend- ment thereto: Strike out section two and insert the fol- lowing: The Governor may nominate, and by and with the consent oif the Senate, appoint one brigadier general for each brigade regularly organized and ordered into active service ; each brigade thus organized and ordered into actual service by the com- mander-in-chief, shall not be copaposed of a less number than three regiments, consist- ing of eight hundred and thirty men each. The question being on the amendment of Mr. Barr, Mr. St. Gem demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bedford, Bonham, Bunce, Bush, Childress, Clover, Davis of Nodaway, Drake, EUis, Evans, Filley, Fletcher, Folmsbee, Foster, Fulkerson, Gilbert of Lawrence, Green, Henderson, 172 Holcomb, Holdsworth, King, Linton, Mc- Pherson, Mack, Nixdorf, Peck, Rankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Mr. President — 37. Noes — Messrs. Dodson, ^'Oench, Gam- ble, Gilbert of Platte, Gilstrap, Morton, ■Newgent, Owens, St. Gem, Thilenius, and Williams of Scotland— 11. Absent with Leave — ^Messrs. Davis of New Madrid, Holland, Hume, Husniann, Leonard, McKernan, Martin, and Meyer — 8. Absent ^^ithout Leave — Messrs. Adams, Esther, G rammer, and Swttzler — i. Sick — Messrs. Budd, Cowden, Hughes, and Mitchell — i. So the amendment was adopted . Mr. Drake offered the following amend- ment, which was adopted: Amend by striking out section first, and inserting, in lieu thereof, the following: The organization of the militia of this State, under the act of the General Assem- bly, entitled "An act for the organization and government of the Missouri militia, ' ' approved February 10, 1865, may be made at such time as the Governor may direct, anything in the twenty-first section of said act to tKe contrary notwithstanding. Mr. Strong offered the folio wing .amend- ment: Strike out sections one and two, and in- sert, as section one, the following: Section 1. As soon as the militia shall be enrolled, they shall organize themselves into platoons and companies, within such time as the Governor shall direct; and if they fail to organize within the time named, the Governor shall organize them into com- panies, and commission competent oflScers to command them. He shall also organize said companies into regiments, and appoint the necessary regimental officers. No com- pany of militia shall be called into actual service, or taken from the county in which it is organized, except to repel actual in- vasion, or to resist and capture, or destroy, armed bands of murderers or marauders. The Governor may appoint two general offi- cers of experience and skill, with the rank and pay of colonel, to superintend the en- rollment and organization of the militia, as herein provided for, under direction of the Governor; and no officers of higher grades than in this ordinance are specified, shall be appointed. All acts or parts of acts incon- sistent herewith are hereby repealed . The question being on the amendment of Mr. Strong, Mr. Mack demanded the ayes and noes thereon, and the vote being taken, stood as follows : ' Ayks— Messrs. Bedford, Childress, Evans, Fulkerson, Gilbert of Lawrence, Platte, Henderson, Mack, Morton, Newgent, Nix- dorf, Owens, Rankin, St. Gem, Smith of Worth, Strong, Swearingen, Switzler, and Williams of Scotland— 19, Noes— Messrs. Ban-, Bonham, Bunoe, Bush, Clover, Davis of Nodaway, Dodson, D'Oench, Drake, Pilley, Fletcher, Folms- bee. Gamble, Gilstrap, Green, Holcomb, Holdsworth, King, Linton, McPherson, Peck. Rohrer, Smith of Mercer, Sutton, Weatherby, and Mr. Presiflent^26. I Absent with Leave— Messrs. Davis of New Madrid, Holland, Hume, Husmann, Leonard, McKernan, Martin, and Meyer— 8. Abswnt without Leave— Messrs. Adams, Ellis, Esther, Foster, Grammer, Thilenius, and Williams of Caldwell— 7. Sick— Messrs. Budd, COwden, Hughes, and Mitchell — i. So the amendment was not agreed to. Mr. Bonham offered the following amend- ment: Amend section two by prefixing thereto the following words: "There shall be no military grade higher than a brigadier gen- eral, and." Which was adopted. Mr. Bonham moved to strike out section third of the ordinance for the organization of the Missouri militia; which motion was withdrawn. Mr. Drake moved to reconsider the vote by which the second section of the militia ordinance was stricken out, and jSIi'. Barr\s substitute was adopted. On which, Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Bunce, Bush, Clover, Dod- son, Drake, Gamble, Gilbert of Platte, King, Linton, Swearingen, and Thilenius — 11. Noes — Messrs. BaiT, Bedford, Bonham, Childress, Davis of Nodaway, D'Oench, Evans, Fletcher, Folmsbee. Gilbert of Law- rence, Henderson, Holcomb, Holdsworth, Mack, Newgent, Nixdort, Peck, Rohrer, Smith of Mercer. Smith of Worth, Strong, Sutton, Weatherby, and Williams of Scot- land— 24. Absent with Leave — Messrs. Davis of New Madrid, Holland, Hume, Husmann, Leonard, McKernan, Martin, and Meyer— 8. Absent without Leave — Messrs. Adams, Ellis, Esther, Filley, Foster, Gilstrap. Gram- mer, Green, McPherson, Morton, Owens, Ra:ikin, St. Gem, Switzler, Williams of Caldwell, and Mr. President — 16. Sick — Messrs. Budd, Cowden, Hughes, and Mitchell— 4. Excused- Mr. Fulkerson — 1. So the motion to reconsider was not agreed to. On motion of Mr. Fletchek, leave of ab- sence was granted Mr. St. Gem for this afternoon. 173 Mr. Strong offered the following as an additional section: ' This ordinance shall take effect from and after its adoption, and all acts and ordi- nances inconsistent herewith are hereby repealed. Pending which, the Convention adjourned until half-past 2 o'clock P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. The Convention ordered a call of the house, and the following members responded to their names: Messrs. Bonham, Childress, Davis of Nodaway, Dodson, Drake, Folmshee, Fos- ter, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holds worth, King, McPherson, Mack, Newgeut, Nixdorf, Owens. Peck, Rankin, Rohrer, Sutton, Thileuius, Wil- liams of Caldwell, Williams of Scotland, and Mr. Prosident^26. Absent with Leave — Messrs. Davis of New Madrid, Holland, Hume, Husmann, Leojiard, McKernan, Martin, and Meyerr-S. Sick— Messrs. Budd, Cowden, Hughes, and Mitchell — 4. Absent without Leave — Messrs. Adams, Barr, Bedford, Bunce, Bush, Clover, D'Oench, Ellis, Esther, Evans, Filley, Fletcher, Gilbert of Platte, Gilstrap, Gram- mer. Green, Holconib, Linton, Morton, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sweimngen, Switzler, and Weatherby —26. The Sergeant-at-arms reported Messrs. Strong, Bush, Gilbert of Platte, Holcomb and Green without the bar, and under ari'est. Messrs. Strong and Bush rendered their excuse; and on motion of Mr. Folmsbeb, they were excused by the Convention . On motion of Mr. Newgbnt, further proceedings under the call were dispensed with. Mr. Bush moved to refer the ordinance for the organization of the Missouri militia, with its amendments, to a special committee; which motion was agreed to. The President announced the following as said committee: Messrs. Barr, Foster and Strong. On motion of Mr. Drake, the article on the Mode of amending and revising the Constitution was taken up. Mr. Drake called up the amendment, previously ottered by him, to said article, and which, modified by him, is as follows: Strike out section third, and insert in lieu thereof the following : The Geheral Assembly may, at any time or times after the year one thousand eight hundred and seventy, authorize, by law, a vote of the people to be taken upon the question whether a Conven- tion shall be held for the purpose of revising and amending the Constitution of this State; and if, at such election, a majority of the votes on the question be in favor of a Con- vention, the Governor shall issue writs to the sherifts of the dift'erent counties, ordering the election of delegates to such a Convention, on a day within three months after that on which the said question shall have been voted on. At such election, each senatorial district shall elect two delegates for each Senator to which it maj'' then be entitled in the General Assembly, and every such delegate shall have the qualifications of a Senator. The election shall be conducted in conformity vdth the laws regulating the election of Senators. The deleg'ates so elected shall meet on the fourth Wednesday succeeding their election, at such place as may be provided by law, and organize themselves into a Convention, in such man- ner as they may determine upon, and proceed to revise and amend the Constitution ; and the Constitution, when so revised and amended, shall, on a day to be therein fixed, not less than sixty nor more than ninety days after that on which it shall have' been adopted by the Convention , be submitted to a vote of the people for and against it, at an election to be held for that purpose only; and if a majority of all the votes given be in favor of such Constitution, it shall, at the end of thirty days alter such election, become the Constitution of this Stat«. The result of such election shall be made known by proclamation by the Governor. The General Assembly shall have no power, otherwise than as iii this section specified, to authorize a Convention for revising and amending the Constitution. Mr. Switzler moved to amend Mr. Drake's amendment, as follows: Strike out of the first and second lines the words ' 'or times after the year one thousand eight hundred and seventy . ' ' Which amendment was accepted by Mr. Drake. Pending which, Mr. Gilstrap offered the following amendment: Amend bj' adding to the amendment: Pro- vided, That this Constitution shall be sub- mitted to a vote of the people, for their ratification or rejection, on the day of . After debate, Mr. Gilstrap withdrew his amendment. The question being on the adoption, of the amendment offered by Mr. Drake, he 174 demanded the ayes and noes thereon, and the vote being taken, stood as follows: Aybs — Messrs. Barr, Bedford, Bonham, Childress, Clover, Davis of Nodaway, Dod- son, D'Oench, Drake, Evans, ^olmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Green, Henderson, King, McPherson, Mack, Morton, Newgent, Nix- dorf, Peck, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Wil- liams of Scotland — 33. Nobs — Messrs. Bush, Gilstrap. Holcomb, Linton, Owens, Thilenius, and Mr. Presi- dent— 7. , Absent with Leave — Messrs. Davis of New Madrid, Holland, Hume, Husmann, Leonard, McKernan, Martin, Meyer, and St. Gem— 9. Absent without Leave — Messrs. Adams, Bunce, Esther, Pilley, Fletcher, Foster, Grammer, Holdsworth, Eohrer, andSwitz- ler— 10. Sick— Messrs. Bndd, Cowden, Hughes, and Mitchell — i. Excused — Mr. Ellis — 1. So the amendment was adopted. Mr. Drake offered the following amend- ment, which was adopted: Amend section two by strilving out the words ' ' having the largest circulation therein. ' ' Mr. GiLSTKAP offered the following amend- ment, which was adopted: Strike out, in seventh line, second section, the word "coming," and insert ' 'ensuing. ' ' Mr. Bush offered the following amend- ment, which was rejected: Insert in section three, after the word "tiipe," the words, "and shall not, later than in the year 1880, and each twentieth year thereafter." Mr. GiLSTEAP offered the following amend- ment, which was adopted: Amend section two, line thirteen, by striking out the word "parts," and insert in lieu thereof the words ' 'a part. ' ' On motion of Mr. Gilstuap, the article on the Mode of amending and revising the Con- stitution, as amended, was ordered to be engrossed for a third reading. . Mr. Drake offered the following resolu- tion: Resolved, That the Committee on the Legislative Department be instructed to re- port, by ordinance or otherwise, provisions for the submission of the Constitution adopted by this Convention to a vote of the people for ratification . On this, Mr. Drake demanded the pre- vious question, which was sustained. The question then being on the resolu- tion offered by Mr. Drake, Mr. Clover demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bedford, Bonham, Bunce, Bush, Childress, Clover, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Green, Henderson, Holcomb, Holdsworth, Kiug, Linton, McPlierson, Mack, Morton, New- gent, Nixdorf, Owens, Peck, Kankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearlngen, Switzler, Thilenius, Weatherby, Wflliams of Cald- well, Williams of Scotland, and Mr. Presi- dent — 44. Noes — None. Absent with Leave — Messi-s. Davis of New Madrid, Holland, Hume, Husmann, Leonard, McKernan, Mai-tin, Meyer, and St. Gem— 9. Absent without Leave — Messrs. Adams, D'Oench, Esther, Filley, Fletcher, Foster, and Grammer — 7. Sick — ^Messrs. Budd, Cowden, Hughes, and Mitchell — 4. So the resolution was unanimously adopted. On motion. Convention adjom-ned until 9 o ' clock to-morrow morning . | SIXTY-THIRD D^Y. Convention met pursuant to adjournment, the President in the chair. Mr. Bakh called up the resolution offered by Mr. Smith of Worth, on the eighth day of the session of this body, relative to print- THURSDAY, March 23d, 1865. ing four thousand nine hundred copies of the Ordinance of Emancipation. Mr. Gilstrap moved to rescind the reso- lution offered by Mr. Smith of Worth, on the eighth day of the session of this body, rela- 175 tive to printing four tliousand nine hundred copies of the Ordinance of Emancipation. Mr. Hughes demanded the previous ques- tion, which was sustained by the Conven- tion. Tlie question then being on the motion of Mr. GiLSTRAP, the same was carried. On motion of Mr. Bonham, the article on Eailroad Indebtedness was talten up. Mr. BuDD offered the following amend- ment: Strike out the word "March," in the sixth line of section first, and insert in lieu thereof "July." Which was agreed to. Mr. GiLSTKAP offered the following sub- stitute for the article on Railroad Indebted- ness, and other articles therewith connected: ARTICLE — . Railroads, and State Indebtedness. Section 1. The General Assembly shall have no power to release, diminish, or per- mit to be encumbered, any mortgage uen, statutory lien or other security which the State now holds upon the property — real, personal, or mixed — of any railroad com- pany incorporated under the laws of this State, for the payment of any debt or other liability, due or to become due to said State from any such railroad company, except upon payment in money. Nor shall the General Assembly have any power to loan the credit of the State, in the form of bonds, guarantees, securities, or otherwise; or to loan moifey to any railroad company. Sec. 2. The property — real, personal, and mixed — of any railroad company, and all other private corporations within this State, shall be subject to taxation, in the same manner and to the same extent as the prop- erty of the citizens of the State is subject to taxation, anything in their charters to the contrary notwithstanding. Sec. 3. No railroad company shall be taxed upon its tonnage freight, or carrying business, nor upon the passengers carried by it; nor shall any railroad company be per- mitted to charge any greater rate per mile, for freight or passage, than that fixed by law. Sue. 4. The General Assembly shall pro- vide, by law, for the payment of the State debt; and for that purpose may set apart, as a sinking fund , such part of the State reve- nue as they may^ think expedient. Mr. BoNHAM moved to pass over the arti- cle on Eailroad Indebtedness, temporarily, and order the substitute offered by Mr. Gil- strap for the same to be printed; which was carried . On request of Mr. Rohkbk, leave of absence was granted to Mr. Nixdorf for five days. The Chairman of the Committee on the Legislative Depai-tment presented the fol- lowing additional ar|acle, entitled "Pro- visions for putting this Constitution into force," which was read a first and second time, and ordered to be printed: ARTICLE — . E*romsions for putting this Constitution into force. Section 1. The preceding parts of this instrument shall not take effect unless this Constitution be adopted by the people, at the election to be held as hereinafter dii'ected ; but the provisions of this article shall be in force from the day of the adoption of this Constitution by the representatives of the people in their Convention assembled. Sec. 2. For the purpose of ascertaining the sense of the people in regard to the adoption or rejection of this Constitution, the same shall be submitted to the qualified voters of the State, at an election to be held on the • aay of -, one thousand eight hundred and sixty-five, at the several election precincts in this State, and else- where, as hereinafter provided. On that day, or on any day not more than fifteen days prior thereto, such qualified voters of this State as shall then be absent from the places of their residence, by reason of being in the military service of the United States, or of this State, whether they then be in or out of this State, shall be entitled to vote on the adoption or rejection ot tins Constitu- tion, i For that pui'pose a poll shsUl be opened in each Missouri regiment or com- pany in such service, at the quarters of the commanding officer thereof, and the voters of this State belonging to such regiment or companj-, and any others belonging to any such regiment or company, and who may be present, may vote at such poll. Any one or two commissioned ofdcers of such regi- ment or company, who may be present at the opening of the poll, shall act as judge or judges of tijie election; and if no such, officer be present, then the voters of such regiment or company present shall elect two of the voters present to act as such judges. Every such judge shall, before any votes aj;e received, take an oath, or affirma- tion, that he will honestly and faithfully perform the duties of judge, and make proper returns of the votes given at such election; and such oath the judges may administer to each other. In any election held in a regiment or company, the polls shall be opened at eight o'clock, A. M., and closed at six o'clock, P. M. Sec. .3. The election provided for in the next preceding section shall be by ballot. Those ballots in favor of the Constitution shall have written or printed thereon the words "New Constitution — ^Yes;" those against the Constitution shall have written or printed thereon the words ' 'New Constitu- tion—No." 176 Skc. 4. The said election shall be con- ducted by, and the returns thereof made to, the clerks of the several county courts, and by them certified to the Secretary of State, as provided by law in the case of elections of State officers ; and where an election shall be held in a regiment or company, the returns thereof, vidtfi the poll-books, shall be certi- fied to the Secretary of State, and may be transmitted by mail, or by any messenger to whom the judges of the election may entrust the same for that purpose. Sec. 5. Any qualified voter of this State, within the State, who, on the day of said election, shall be absent from the place of his residence, ma}^ vote at any place of voting, upon satisfying the judges that he is a qualified voter, and being sworn by them that he has not voted, and will not vote, in said election, at any other election precinct. Sec. 6. At said election, no person shall be allowed to vote who is not a qualified voter according to the terms of this Consti- tution. The judges of election shall admin- ister, to every person ofleriiig to vote, the oath or afiirmation prescribed by this Constitution, in lieu of the oath now required to be taken by voters, under the ordinance of June 10, 1862; and should any such person decline to take said oath, he shall not be permitted to vote at said election ; but the taking thereof shall not be deemed conclusive evidence of the right of such person to vote, but such right may be disputed and disproved. Ssc. 7. On the day of next ensuing said election, the Secretary of State shall, in presence of the Governor, the Attorney General, or the State Auditor, proceed to examine and cast up the retui-ns of the votes taken at said election, and certified to him, including those of persons in the military service; and if it shall appear that a majority of all the votes cast at such election were in favor of the Constitution, the Governor shall issue his proclamation, stating that fact; and this Constitution shall, on the fourth day of July next ensuing, be the Constitution of the State of Missouri. Mr. DejUkb offered the foil owing resolution : Resolved, That the rules of debate in force in the Convention shall be applicable and enforced in the Committee of the Whole. Mr. BoNHAM offered the following as a substitute for the resolution: Resolved, That the Committee of the Whole be abolished in this Convention . Which was decided out of order. Mr. Davis of Nodaway demanded the previous question, which was not sustained. The question being on the adoption of the resolution of Mr. Drake, Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows: Aybs— Messrs. Barr, Bonham, Budd. Childress, Davis of Nodaway, Drake, Fil- ley, Fulkerson, Newgent, Peck, Sutton, Swearingen, Weatherby, and Williams of Scotland— 14. Noes— Messrs. Bedford, .Bush, Clover, Dodson, D'Oench, Ellis, Evans, Folmsbee, Gamble. Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Green, Holcomb, Hughes, Hume, King, Linton, McPherson, Owens, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Switzler, Thilenius, and Mr. President— 27. Absent with Leave — Messrs. Davis of New Madrid, HoEand, Husmann, Leonard, Martin, Meyer, and Nixdorf— 7. Absent without Leave — Messrs. Adams, Bunce, Esther, Fletcher, Foster, Grammer, Henderson, Holdsworth, McKernan, Mack, Morton. Eankin, Strong, and Williams of Caldwell— 14. Sick — Messrs. Cowden and Mitchell — 2. So the resolution was rejected. On motion of Mr. Bonham, the Conven- tion resolved itself into a Committee of the Whole, to consider amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr* Bonham reported that the Committee had, according to order, had under consideration amendments to the Constitution, and par- ticularly the article on Elections, Qualifi- cations of Voters, Officers, and others, but had come to no resolution thereon. On motion of Mr. Bonham, the Conven- tion adjourned until half-past 2 ' o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the Chair. On motion of Mr. Weatherby, the fol- lowing resolutions, heretofore oflered by Mr. Williams of Scotland, were ordered to be spread upon the journal: Be it resoloed by the people of the State of Mis- souri, in Convention assembled : 1. That it shall be the duty of each dele- gate elected to this Convention to lay out, frame, put together, build and make a Con- stitution that will harmonize, not with the views of a majority of the members of this Convention, nor with the views of a major- ity of the people of the State of Missouri; but it shall be his duty to make a Constitu- tion that will harmonize in every particular with his own individual prejudices, so that when it is submitted for ratilioation or rejec- tion, not to the people of the State, but to himself individually, it may be adopted without one disseiiting voice. Adopted unanimously. 2. That if this Convention should have the audacity and effrontery to adopt, by a 17T majoritj'- of all the members elect, a Consti- tution other than the one mentioned in the first resolution, then it shall be the duty of all the delegates who feel aggrieved iu con- sequence thereof, to stump every county, township, school district, precinct, school- house, farm-house, meeting-house, log- house, saw miU, beer saloon, and beer gar- den in the State; so that when the people become fully aware that the Constitution does not harmonize with the individual prejudices of the delegate so aggrieved, they may reject it by an overwhelming majority; and that we pledge St. Louis to give a majority of five thousand against it, 3. That St. Louis is Missouri; that Turner Hall is the forum of America, the mouth- piece of this State, and celebrated for its great Barons, its Cromvvellian style of doing busi- ness, its lager beer and big petitions. 4. That St. Louis is, and by right ought to be, a free and independent city, with full power to elect its own Grovernor and Legis- lature ; and that aU attempts to annex it to the State ot Missouri, or to subject it to such laws as those to which other parts of the State are subjected, ought to be resisted with the whole power of the German empire. 5. Tliat, in order that the orations deliv- ered in thig hair may be preserved'iu all their original purity, grace, and elegance, this Convention sh'all enlploy a special reporter, whose duty it shall be to write down all speeches, word for word, and letter for letter, just as they fall from the lips of the orators; with the accent, emphasis, articula- tion, pronunciation, gesture, and all the other variations, as near as may be, together with the direct bearing that they have upon the subject mider discussion, in order that they may be deposited in the museum in this city, to be exhibited as wmnatural curiosities ; and that all money received for such exhibi- tion shall be paid into the State treasury to defray the expenses of this Convention . 6. That there should be written over the door leading to little Librai-y Hall, in large letters, the following words, to-wit: "All kinds of turning and twisting done here— gas for sale cheap, and blowing done to order. ' ' 7. That there are but three seats on the bench of the Supreme Court, and that there should be one more, to be filled by the great American Solon. And whereas, certain lawyers, pettifoggers, and one-horse judges have been wi-angling and contending in mis Convention for nearly three months to create new positions, and vacating others to be filled by themselves individually, and have accomplished nothing but waste of time and public money; there- fore be it 8. Resolved, That all lawyers, pettifoggers, judges and clerks of courts, and especially all aspirants to a judgeship, are respectfully requested to ask for leave of absence for six months, or until the poor mudsills shall have extricated the business of this body from the inexti-icable confusion into which it has been brought through their agency. 9. That all "party brewers," "conven- tion smashers," and "wheel blockers," who oft and again threaten to annihilate this ' 'one-horse convention, ' ' though we admit that their minds are as profound and as philosophical as a Bacon , and their eloquence has all the strength ot Demosthenes, and all the beauty of a Cicero, with wit superior to a Randolph, and sarcasm exceeding a Burgess, still they often remind us that some animals are distinguishable by their great length of ears, and, though clothed in the skins of lions, yet we can hardly be deceived by the furious braying of self-conceited asses.. 10 . That virtue and public morals are dead, and that the great Missouri State Convention killed them. 11. That this Convention was called to- gether for that purpose only. 12. That it is the duty of this Convention to bury their remains, erect a monument to their memory, inscribe some touching and mournful epitaph thereon , and then adjom'n, and sneak, in shame and silence, to our homes. 13. That, before doing this, however, and since we have slain virtue and killed public morals, and expressed a willingness to stab the Protestant Church under the filth rib to conciliate the minority, we should now, as a further act of conciliation, declare that the ten commandments are a humbug; that there is no God but Bacchus, and that death is an eternal state of bacchanalian revelry. Then we shall have completed our labors, and can go home rejoicing. On motion of Mr. Bonham, the Conven- tion resolved itself into a Committee of the Whole to resume the consideration of amend- ments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Weathehby reported that the committee had, according to order, had under consideration amendments to the Constitution, and particularly the article on Elections and Qualification of Voters, Offi- cers, and others, but had come to no resolu- tion thereon. Mr. "Williams of CaldweU asked leave of absence for Mr. Holdsworth for five days, which was granted. On motion of Mr. Barr, the Conven- tion adjourned until 9 o'clock to-morrow morning. 178 SIXTY-FOURTH D^Y. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole to take under consideration amend- ments of the Constitution. After some time spent therein, the President resumed the chair, and Mr. Gilbert of Platte reported that the Committee of the Whole had, according to order, had under consideration amendments to the Constitution, and par- ticularljf the article on Elections and Qualifi- cations of Voters, Officers, aud others, but had come to no resolution thereon. Mr. OwJEKS, Chairman of the Committee on Districting the State into Judicial Circuits, presented the following report, which was read the^ fii-st and second time, and, on motion, ordered to he printed: AN OKDINANCB DEFINING THE NUMBER OF JUDICIAL CinOUITS OP MISSOURI. Be it ordained ly the People of tlie State of Missouri, in Convention assembled: The number of judicial circuits in the State is hereby reduced to sixteen, and shall be composed as follows, until otherwise pro- vided : Section 1. The First Judicial Circuii^ the county of St. Louis. Sec. 2. The Second Judicial Circuit— the counties of St. Charles, Lincoln, Warren, Montgomery, Callaway, and Audrain. Sec. 3. The Third Judicial Circuit^the ■counties of Pike, Kails, Monroe, Boone, Howard, and Randolph. Sec. 4. The Fourth Judicial Circuit^the counties of Marion, Macon, Shelby, Knox, Lewis, Scotland, and Clark. Sec. 5. The Fifth Judicial Circui^-the counties of Chariton, Linn, Sullivan, Put- nam, Adair, Schuyler, Clinton, Caldwell, and Ray. Sec. 6. The Sixth Judicial Circuifr-the counties of Livingston, Grundy, Mercer, Harrison, Daviess, DeKalb, Gentry, Worth, and Carroll. Sec. 7. The Seventh Judicial Circuit— the counties of Buchanan, Andrew, Nodaway, Holt, Atchison, Platte, and Clay. Sec. 8. The Eighth Judicial Circuit— the counties of Cape Girardeau, Pemiscot, Dunklin, Mississippi, New Madrid, Scott, Perry, and Bollinger. Sec. 9. The Ninth Judicial Circuit^the counties of Iron, Stoddard, Wayne, Madi- son, St. Francois, Butler, Reynolds, Carter, and Ripley. FRHJAY, March 24th, 1865. Sec. 10. The Tenth Judicial Circuit— the counties of Phelps, Dent, Shannon, Texas, Oregon, Howell, Maries, and Crawford. Sbc. 11. The Eleventh, Judicial Circuit— the counties of Laclede, Wright, Pulaski, Camden, Polk, Douglas, Dallas, and Hickory. Sec. 12. The Twelfth Judicial Circuit— the counties ot Greene, Webster, Stone, Christian, Taney, Barry, Ozark, and Dade. Sec. 13. The" Thirteenth Judicial Circuit — the counties of Vernon, Barton, Jasper, Newton, McDonald, St. Clair, Cedar, and Lawrence . Sec. 14. The Fourteenth Judicial Circuit — the counties of Jackson, Lafayette, John- son, Bates, Cass, Saline, Henry, and Pettis. Sec. 15. The Fifteenth Judicial Circuit — the counties of Cooper, Moniteau, Morgan, Benton, Miller, Cole, and Osage. Sec. 16. The Sixteenth Judicial Circuit — the counties of Gasconade, Franlclin, Jeffer- son, Washington, and Ste. Genevieve. Sec. 17. The several circuit judges in this State, immediately after the first day of May, in the year of our Lord one thousand eight hundred and sixty-five, shall fix the terms of the several circuit courts in their respective circuits, and cause public notice thereof to be given by the sheriff's of each county. Sec. 18. This ordinance shall be in force from and after its adoption ; but may be re- pealed, altered or amended, at any time, by the General Assembly. On motion, the Convention adjourned until half-past 2 o'clock P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Drake offered the following resolu- tion, and demanded the previous question thereon, which was sustained by the Con- vention: Resolved, That in Committee of the Whole no debate on the motion to rise and report shall be in order. On this resolution Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows: Ayes- Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway. Dod- son, Drake, Evans, Fulkerson, Gamble, Gilbert of Lawrence, Hughes, Hume. Mc- Kernan, McPherson. Mack, Morton, New- gent, Ranldn, Smith of Mercer, Smith of 179 Worth, Sutton, Swearingen, "Weatherby, and Williams of Scotland— 26. Noes— Messrs. Foster, Gilbert of Platte, Green, Rohrer, and Mr. President— 5. ABSEjfT WITH Leave— Messrs. Davis of New Madrid, Holds worth, Holland, Hus- mann, Leonard, Martin, Meyer, and Nix- dorf— 8. Absent without Leave— Messrs. Adams, Bedford. Bush, Clover, D'Oench, Ellis, Es- ther, Fllley, Fletcher, Folmsbee, Gilstrap, Grannner, Henderson, Holcomb, King, Liu- ton, Owens, St. Gem, Strong, Switzler, Thilenius, and Williams of Caldwell— 22. Sick— Messrs. Cowden, Mitchell, and Peck— 3. So the resolution was adopted. On motion of Mr. Drake, the Convention resolved itself into a Committee of the Whole, to resume the consideration of amendments to the Constitution. After some time spent therein, the President resumed the chair, and Mr. Mack reported that the committee had, according to order, had under consid- eration amendments'to the Constitution, and particularly the article on Elections, and Qualifications of Voters, Officers and others, and reported the same back to the Conven- tion, with amendments thereto. On motion of Mi'. Drake, the Convention took up the article on Elections, and Quali- fications of Voters, Officers and others, with the amendments, as reported back from the Committee of the Whole. The following amendment to the first sec- tion, as reported back by the Committee of the Whole, was read: Except as provided hi section twentieth of this article. Pending which, Mr. Dkake offered the foll'owing amendment to the amendment, which was read and agreed to : Amend the amendment by striking out the word "twenty." and inserting before the word ' ' section ' ' the words ' ' the twentieth. ' ' On motion, the amendment, as amended, was agreed to. The following amendment, as reported back by the Committee of the Whole, was disagreed to ; Amend section third, line fourth, by Inserting after the word "or, " where it first occurs therein, the words ' 'after the thirty- first day of July, one thousand eight hundred and sixty-one." The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third, ninth line, by striking out the word "open," and by striking out of the same line the word "declared," and inserting in lieu thereof the word "mani- fested;" and by adding, after the word "States," the words "or his sympathy with those engaged in exciting or carrying on rebellion against the United States. ' ' Mr. Nkwgknt offered the following affi- davits, relative to. and sustaining, his past loyalty : State of Kansas, "1 County of Miami. / ' John Moudy, on oath, says that he is a resident of Paola, Miami county, Kansas; that in the spring of A. D. 1861, he lived in Bates county, Missouri, and was well acquainted with Andrew G. Newgent of Cass county, and know that he was reputed from the first as a Union man; that he made Union speeches in the counties of Cass and Bates; and that, on or about the first day of May, A. D. 1861, he and I came to Kansas together, after night, to make arrangements with the loyal people of Kansas for protec- tion. I further say that I was intimately acquainted with said Newgent from the fall of A. D. 1856, until he entered the Union ai-my, and never knew him otherwise than as an unswerving Union man, and cheerfully indorse him as such. John Moudv. Sworn to and subscribed before me, this fourteenth day of March, A. D. 1865. E. W. Massby, N. p. Paola, Kansas, March 14, 1865. I willingly state that on the last of May, 1861, I returned to Cass county, Missouri, from Kentucky. I found A. G. Newg«nt making speeches for the Union cause. The first of June, I was mustered m^or of a battalion of Federal soldiers; A. G. Newgent was mustered quartermaster, and served as such until the battalion was raised to a regiment, when he was appointed colonel. He (A. G. Newgent) has been, ever since May 20th, 1861, unswervingly (to my knowledge) a Union — yes, a radical— man, notwithstanding the Republican states to the contraiy. A. H. Dbane. Sworn to and subscribed before me, this fourteenth day of March, A. D. 1865. K. W. Massey, N. p. State of Missouri, \ . Jackson County. j Before the undersigned personally ap- peared Elihu F. Rogers, who, being by me first diily sworn, doth depose and say that he is, and was at the outbreak of the rebellion, well acquainted with Andrew G. Newgent; that then, as now, he (Newgent) was an unconditional Union man; that he made speeches for the Union, which were con- sidered by secisssionists, at that time, of the rankest kind; and for which he was branded 18,0 ,by them as aji abolitipnjst; that, to the cer- tein knowledge of this deponent, he (New- ■gent) spent both time and money for the maintenance of the Federal Union, by mak- ing Union speeches in various parts of the comitry, wherever he had friends sufficient to protect him agamst secession mobs, and in purchasing dothing for soldiers; and tliat, after giving aid to recruiting for the Cass county regiment, home guards, was mustered into the service of the United States , June 27 , 1861 . ' E . T . Rogees . Subscribed and sworn to before me, this 10th day of March, A. D. 1865, at Kansas City, Missouri. J. H. Smith, Mrsi Lieut, and Ass't Pro. Mar. Fourth Sub-Dist., Central Missouri. State of Missouri, \ Jackson County. f Before the undersigned personally ap- peared Lewis B, Huff, Ashbel Smith and William P. Deton, and all of Jackson county. Mo., who being duly sworn depose ■and say: That on the 26th of April, 1861, they were severally residents of Cass county ; that they were at that time well, aequiiinted with Andrew G. Newgent, and know that he was at that time a strong Union man , opposed to secession, and accused and per- secuted on account thereof; that they well remember the passage of the resolutions published in the St. Louis Republican of March 6th,. 1865; and also that the same has of late been brought forward by others with the intent to prejudice him; that An- drew Gr. Newgent never joined m said meet- ing, or sat upon said committee as a sympa- thizer or advocate of secession ; that said reso- lutions were prepared by R. O. Boggess, pre- vious to said meeting, and contained in addi- ,tion a. resolution recommending the hanging of Union men who should refuse to leave upon notice, which, through the opposition . of A. Gr. Newgent in committee, was stricken out. The affiant, William P. Deton for him- self deposes: That he w^as present when said resolutions came before the meeting, and then and there listened to the first and only man whom he remembers to have had cour- age enough, at that time, to speak for the tfnion, and that man was A. G. Newgent; .that he, then, speaking upon those resolu- tions, denounced secession and rebellion; that this affiant remembers distinctly the following sentiment then uttered, to-vdt: ' ' That if this State seceded our homes will become stables for cavalry, " etc. ; drawing a picture of the middle States in such an event; that a few days after Ool. A. G. Newgent, by reason of his Unionism, was forced to flee from Harrison vUle for his life, and that after he had gone affiant saw two armed rebels, who,asl5ed him if he had heard what Colonel Newgent had said at the Con- vention, in favor of the Union, and that they were in- search of him to give him his quietus. AfiBiant, Lewis B. Huff says he met : ;Colonel Newgent when he was fleeing from Harrisonville, and said to him: "Newgent, what hand have you bad in this meeting in town?" (i. e. Harri-sonville.) He answered affiant as follows (this was two or three days after tlie meeting) : • ' I have done that which has saved you and me, and the rest of the Union men of Harrisonville. ' ' All of these deponents say that they were afterward engaged in removing Colonel Newgent's familvfrom Harrisonville, where he dare not go; "that he fled to Austin, and thence to Crescent Hill, and that up to June 27 he spent his time making Union speeches and raising the Cass county regiment of Mis- ri home guards, in which lie w^as First Lieu- tenant and Quartermaster from the 27th of June to the 1st of August, when he received his commission as colonel, from General Fremont. Lk-vvts B. ,Huff, Ashbel Smith, Wm. p. Detox. Sworn to and subscribed before me this 10th day of March, A. D. 1865. J. H. Smith, First Lieut, and Ass't Pro. Mar, 4:th Sub-Dist. , Central Mo., Kansas City, Mo. Btatk of Missouri, "I County of St . Louis . f Be it remembered, that on this 8th day of March, 1865, before the undersigned, Judge of the Ninth circuit ol Missouri, personally came William A. Jack and Elias P. West, Who, being by me duly sworn , upon their oaths state: That at a meeting held at the city of Harrisonville, in Cass county, on the 26th day of April,, 1861, the proceedings of which were republished in the Missouri Re- publican, of the 5th Of March, 1865, Andrew G. Newgent and these affiants were ap- pointed, with others, a committee to draft resolutions; that the resolutions recom- mended by said committee, and ado]pted by the meeting, were opposed in committee by the said Newg^ent and these affiants, and were not supportexl in the meeting by affiants, nor, as they believe, by .=aid New^gent; that said West, bein^ named chairman of the committee, called another to the chair, and came down and offered re,solutions different from those adopted, the effect of which was to invite back and extend protection to Lin- ' colli men who had left the county on account of the excitement of the day, which latter resolutions were supported by said Newgent and these affiants in the committee, but were voted down and others adopted, against the consent of said Newgent and these afBants; that the public call for said meeting invited persons of all political parties to participate m the same, and its obiect, as affiants, and as they_ believe said N'ewgent understood, was to" invite back and extend protection to citizens who had left that county on account of their political opinions ; that, in a few days after said meeting, said Newgent went to work energetically, raising troops for the United States servicie, in what was called the home guards ; and that affiants have not now, 181 nor have they ever had, any doubt of the unconditional loyalty of said Newgent, and that he was ana is generally so reputed in his county and where known. We have known Colonel Newgent for ten or fifteen years; Colonel Newgent was recognized by both loyal and disloyal men as an uncondi- tional TJnion man in" the spring of 1861. Wit-mam A. Jack, EliasP. Wkst. Sworn to and subscribed before me, this 8th day of March, 1865. James W. Owens, Judge of the Ninth Oircuit oj Missouri. The following amendment, reported back by the Committee of the Whole, was read: Amend section third, in lines fourteen, fifteen, sixteen and seventeen by strikmg out the words "having for its object to aid or encoui-age rebellion against the United States, or to promote the dissolution of the union thereof; or to oppose, byany unlawful means, the laws or authority thereof, or the laws, ordinances, or authority of this State," and insertmg in lieu thereof the words "inimical to the Government of the United States, or to the Government of this State, existing after the 31st day of July, one thousand eight hundi-ed and sixty-one. ' ' Pending which, Mr. Drake offered the following amendment to the amendment, which was adopted: Amend the amendment by striking out the words "existing after the thirty -first day of July, one thousand eight hundred and sixty- one." On motion, the amendment, as amended, was agreed to. The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third, by inserting after the word "knowingly, ' ' in the nineteenth line, the words "and willingly. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend the nineteenth line by inserting, after the word "ever," the woWs "come hito or," so tJiat the' clause may read: "or has ever come into or left this State, lor the purpose of avoiding. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third, by striking out, in lines twenty-one and twenty-two, the words "in order to escape the performance of duty in the militia of this State, enrolled himself, or caused himself to be enrolled, as a disloyal Southern sympathizer," and inserting in lieu thereof the following : ' 'with a view to avoid enrollment in the militia of this State, or to escape the perfOi-mance of duty therein, or for any other purpose, enrolled himself, or authorized himself to be enrolled, by or before any officer, as disloyal, or as a Southern sympathizer, or in any other terms indicating his disaffection to the' Government of the United States, in its contest with rebellion, or his sympathy with those engaged in such rebellion. ' ' The following amendment, reported back by the Committee of the Whole, was' agreed to: Amend section third, twenty-third line, by inserting, after the word "States, ' ' "or in any of their territories. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third , by inserting after the word "States," in the twenty-fourth line, the words ' 'or under the United States. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third, twenty-fourth hue, by inserting, after the words "United States, " "or in any of theu- territories. ' ' The following amendment, reported b-Bck by the Committee of the Whole, was agreed to : Amend section third, thirtieth line, by. striking out the words "incorporated by or under any law of this State. ' ' The following amendment, reported back by the Committee of the Whole, was read: Amend section third, thirty-first line, by stiiking out all after the word ' 'school. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third, thirtieth line, by striking out the words "of teaching. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section third, thirty-first line, by mserting, after the word "school," the words "or of holding any real estate, or other property , in trust , for the use of any church , religious society, or congregation. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section fifth by adding thereto the following : The registering officer, or officers, shall keep a register of the' names of persons 182 registered as voters, and the same shall be certified to the judges of elections; and they shall receive the ballot of any such rejected voter, offering to vote, marking the same, and certifying the vote thereby given as re- jected; but no such vote shall be received unless the party offering it take, at the time, the oath of loyalty hereinafter prescribed. The following amendment, reported back by the Committee of the Whole, was read: Amend section sixth, in tenth, eleventh and twelfth lines, by sticking out the words "that I will always discountenance and op- pose all combinations, plans, and efforts, having for their object the dissolution of said Union or the overthrow of said Government; that I will always, in word and deed, demean myself as a loyal and faithful citizen of the United States. " Which was disagreed to. The following amendment, reported back by the Committee of the Whole, was agreed to : Amend section sixth, by striking out the word '"always," in the sixth and eightli lines. The following amendment, repoi-ted back by the Committee of the Whole, was agreed to : Amend section seven, by striking out, in line one, the word "iifteen," and insert ' 'sixteen" in lieu thereof; and strike out, in same line one, all after the word "Con- stitution , " up to the words ' ' every person, ' ' inline fourth; also, the word "other," in line fifth; also, the word "likewise," in line seventh; and in lieu of the word "same," in said line seventh, place the words "said oath." The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section ninth, by striking out of the third line the words "two mouths," and inserting in lieu thereof the words -'sixty days. ' ' The following amendment, reported back by the Committee of the Whole, was agreed to: Amend section twentieth, by striking out the words "the General Assembly shaU provide, by law, for the taking of the votes of all such persons, wherever they may be, on the day fixed for such election, or at any time within twentj"^ days next prior thereto, and for the due return and counting of such votes, ' ' and insert in lieu thereof the words : "The votes of all such persons, wherevei' they may be taken, on the day fixed by law for such election, or on any day or days vfithin twenty days next prior thereto ; and the General Assembly shall provide by Jaw for the taking, return and counting of such votes." Mr. Owens offered the following amend- ment: Strilve out all after the word "votes," in the seventh line, section twentieth. Mr. Baer offered the following as a substitute for the amendment of Mr. Owens: Add to section twentieth, "except tliose wlio have served two years in the regular volunteer service of the'United States army, and those who have been honorably dis- charged after such term of service. ' ' On motion of Mr. Holcomb, leave of absence was extended to Mr. Meyer until Tuesday next. On motion of Mr. Davis of Nodaway, the Convention adjourned until 9 o'clock to- morrow mw-uing. SIXTY-FIFTH D^Y. Convention met pursuant to adjournment, the President in the chair. Mr. Grbbn offered the following ordinance, which was read the first time : AN ORDINANCE StTPPLEMBNTART TO AN OUDI- NANOB VACATING CERTAIN CIVIL OFFICES, ETC , IN THE STATE OF MISiSOURI. Be it ordained, by the people of the State of Missouri, in Convention assembled, as follows : Section 1. The Governor of the State is hereby empowered to remove from ofliee, as SATURDAY, March 25th, 1865. he may deem the welfare of the State to re- quire it, any officer, or manager (by whatso- ever name designated,) of any public institu- tion under the exclusive control of the State, who shall have been appointed during the preceding ad ministi-ation, and whose term of office does not expire before the first day of May, 1865. Sec 2. The Governor of the State is also empowered to immediately refill any vacan- cies he may create under the provisions of this ordinance, by suitable appointments, which shall be subject to coufli-matiou or 183 rejection by the State Senate, on the next assembling ol the State Legislature. Sbc. 3. All reappointed ofiacers and managers shall, previous to entering upon the duties of office, take the oath prescribed in section two of the ordinance defining the qualifications of voters and civil officers in the State of Missouri, adopted June 10, 1862, and required in the ordinance vacating oei-tain civil offices, etc., in the State of Mis- souri, adopted March — , 1865. Mr. BoNHAM demanded the previous ques- tion; which was sustained by the Conven- tion. The question then being on the rejec- tion of the ordinance offisred by Mr. Green, Mr. OwBNS demanded the ayes and noes thereon, and the vote being taken, stood as as follows : Ayes — Messrs. Adams, Barr, Bedford, Bonham. Budd, Bunce, Ctiildress, Davis of Nodaway, Dodson, Drake, Fulkerson. Gam- ble, Gilbert of Lawrence, Gilbert of Platte, Henderson. Hume, King, McKernan, Mc- Pherson, Mack, Morton, Newgent, Owens, Eankin, Smith of Mercer, Sutton. Swearin- gen, Williams of Caldwell, and Williams of Scotland— 29. NOE? — ^Messrs. Bush, Ellis, Evans. Filley, Fletcher, Folmsbee, Foster, Green, Holcomb, Hughes, Linton, St. Gem, Smith of Worth, Thilenius, Weatherby, and Mr. President —16. Absent with Lkavb — Messrs. Davis of New Madrid, Holdsworth. Holland, Hus- mann, Leonard, Martin, Meyer, and Nix- dorf-8. Absent without Leave — Messrs. Clover, D'Oench, Esther, Gilstrap, Grammer, Rohrer, Strong, and Switzler — 8. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the ordinance was rejected. Mr. Drake oflfered the following new proposition as a Declaration of flights, Which was read the first time : ABTICLB — . Declaration of Rights . That the general, great and essential prin- ciples of liberty and u'ee government may be recognized and established, and that the relation of this State to the Union and Gov- ei'nment of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare— 1 . That we hold it to be self-evident that all men are endowed by their Creator with certain inalienable rights, among which are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happi- ness: . , . „ 2. That there can not be, in this State, either slavery or involuntary servitude, ex- cept in punishment of crime, whereof the party shall have been dnly convicted: 3. That no person can, on account of color, be disqualified as a witness; or be dis- abled to contract, otherwise than as others are disabled; or be prevented from acquir- ing, holding, and transmitting property; or be liable to any other punishment, for any offense, than that imposed upon others for a like offense ; or be restricted in the exercise of religious worship; or be hindered in acquiring education; or be subjected, in law, to any other resti-aints and disqualifi- cations, in regard to any personal rights, than such as are laid upon others under like circumstances: 4. That all political power is vested in and derived from the people; that all govern- ment of right originates from the people, is founded upon their wiU only, and is insti- tuted solely for the good of the whole : 6. That the people of this State have the inherent, sole and exclusive right of regu- lating the internal govepiiment and pouoe thereof, and of altering and abolishing their Constitution and form of government, when- ever it may be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consist- ently with the Constitution of the United States: 6 . That this State shall ever remain a mem- ber of tlie American Union ; that the people thereof are a part of the American nation; and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted -mth the whole power of the State: 7. That every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and that no law or ordinance of this, State, in contravention or subversion thereof, can havS any binding force : 8. That the people have the right peace- ably to assemble tor their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance; and that their right to bear arms in defense of themselves, and of the lawful authority of the State, can not be questioned : 9. That all men have a natural and inde- feasible right to worship Almighty God ac- cording to the dictates of their own con- sciences ; that no person can, on account of his religious opinions, be rendered ineligible to any office of trust or profit under this State, nor be disqualified from testifying, or from serving as a juror; that no human authority can control or interfere with the rights of conscience; and that no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profession; but the liberty of conscience hereby' secured shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the good order, peace, or safety of the State, or with the rights of others: 184 10. That no person can l)e compelled to erect, support, or attend any place of wor- ship, or to maintain any minister of the gospel or teacher of religion ; but whatever contracts any person may enter into for any such object ought, in law, to be binding and capable of enforcement, as other contracts: 11. That no preference can ever be given, by law, to anj^ church, sect, or mode of wor- ship: 12. That no religious corporation can be established in this State, except that, by a general law, uniform throughout the State, any church, or i-eligious society or congre- gation, may become a body corporate, forthe sole purpose of acquirinj^, holding, using, and disposing of so much land as may be required for a house of public worship, a chapel, a parsonage, and a burial ground, and mauaging the same, and conti-actmg in relation to such land, and the buildings thereon, through a board of trustees selected by themselves; but the quantity of land to be held by any such body corporate, in con- nection with a house of worship or a par- sonage, shall not exceed five acres in the country, or one acre in a town or city : 13. That every gift, sale, or devise of land to any minister, public teacher, or preacher of the gospel, as such, or to any religious sect, order, or denomination, or to or for the support, use, or benefit of , or in trust for, any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order, or denomination; and every gift or sale of goods or chattels to go in succession, or to take place after the death of the seller or donor, to or tor such support, use, or benefit; and, also, every devise of goods or chattels, to or for the support;, use. or benefit of any minister, public teachei-, or preacher of the gospel, as such, or any reli- gious sect, order, or denomination, shall be void, except, always, any gift, sale, or devise of land to a church, religious society, or congregation, or to any person or persons in trust for the use of a church, religious society, or congregation, whethW incorporated or not, for the. uses and purposes, and within the liinitations of the next preceding clause of this article: 14. That all elections ought to be free and open: 15. That courts of justice OHght to be open to every person, and certain remedy afforded for every injury to person, property, or character; and that right and justice ought to be administered without sale, denial, or delay: 16. That no private property ought to be taken or applied to public use, without just compensation: 17. That the right of trial by jury shall remain inviolate: 18. That In all criminal prosecutions the accused has the right to be heard by himself and his counsel3 to demand the nature and cause of accusation j to have compulsory pro- cess for witnesses in his favor; to meet the witnesses against him face to face; and, in prosecutions on presentment or indictment, to a speedy trial by an impartial jury of the vicinage; that the accused can not be com- pelled to give evidence against himself, nor be deprived of life, liberty, or property, but by the judgment of his peers or the law of the land: 19. That no person, after having been once acquitted by a jury, can, for the same offense, be again put in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion , the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or baU the accused for trial at the next term of said court: 20. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great: 21. That excessive bail shall not be re- quired, nor excessive fines imposed, nor cruel and unusual punishments infiicted : 22. That the privilege of the writ of habeas corpus can not be suspended, unless when, in cases of rebellion or invasion, the public safety may reqnre it: 23. That the people ought to be secure in their persons, papers, houses, and eft'ects from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, can issue, without describing the place to be searched, or the person or thing to be seized, as nearly as may be, nor without probable cause, sup- ported by oath or afiirmation: 24. That no person can, for an indictable ofieiise, be jDrooeeded against criminal]}' by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in the time of war or public danger, or, by leave of court, for oppression or misdemeanor in ofBce : 25. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort: 26. That no person can be attainted of treason or felony by the General Assembly ; that no conviction" can work corruption oi blood ; that there can be no forfeiture of estate for any crime, except treason, and that the estates of such persons as may destroy their own lives shall descend or vest, as in cases of natural death : . 27. Thatthefree communication of thoughts and opinions is one of the most invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty ; that in aU prosecutions for libel, the truth thereof may be given in evidence, and the jury may determine the law and fiicts, under the direction of the court: 28. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed: 29. That imprisonment for debt can not exist in this State, except for fines or penalties imposed for violation of law: 185 30. That all property subject to taxation ought to be taxed In proportion to its value : 31 . That no title of nobility, or hereditary emolument, privilege, or distinction, can be granted: 32. That the militaiy is, and in all cases and at all times ought to be, in strict subor- dination to the civil power; that no soldier can, in time of peace, be quartered in any house vrithout the consent of the owner ; nor, in time of war, but in such manner as may be prescribed by law; nor can any appropria- tion for the support of an army be made for a longer period than two years. Mr. OwicNs moved to reject the new proposition offered by Mr. Drake; on which Mr. BoNHAM demanded the ayes and noes, and the vote being taken, stood as foUovvs: Ayks— Messrs. Adams, Bedford, Bush, Dodson, Fletcher, Gamble, Gilbert of Platte, Green, Linton, Morton, Owens, St. Gem, Smith of Worth, Switzler, andMr. President —15. NoKS — Messrs. Barr, Bonham, Childress, Davis of Nodaway, Drake, Ellis, Evans, Eilley, Folmsbee, Foster, Fulkerson, Gilbert of Lawrence, Henderson, Holeomb, Hughes, Hume, King, McKernan, McPherson, Mack, Newgent, Bankin, Smitliof Mercer, Sutton, Swearingen, Thilenius, Weatherby, Williams of Caldwell, and Williams of Scotland — 29. Absknt with Leave— Messrs . Davis of New Madrid, Holdsworth, Holland, Hus- mann, Leonard, Martin, Meyer, and Nix- dorf-8. Absent without Leave — Messrs. Budd, Bunce, Clover, Esther, Gilstrap, Grammer, Kohrer, and Strong— 8. Sicii— Messrs. Cowden, Mitchell, and Peck— 3. Excused — Mr. D'Oeuch — 1. So the proposition was not rejected. The proposition, as offered by Mr. Drake, was laid over, under the rule, for its second reading. On motion of Mr. Dkake, the pending amendment, offered by Mr. Owens, and sub- stitute therefor, to section twenty of the article on Elections and Qualifications of Voters, Officers and others, was taken up, viz : Strike out all after the word ' 'vote, ' ' in the seventh line, twentieth section. For which the following substitute had been offered by Mr. Barr: Add to section twenty, "except those who have served two years in the regular volunteer service of the United .States army, and those who have been honorably dis- charged after such term of service. ' ' Mr. Baek temporarily withdrew his sub- stitute. The question then being on the amend- ment offered by Mr. Owens, Mr. Owens demanded the ayes and noes thereon, and the vote being taken, stood as follows : Ayes— Messrs. Bedford, Bush, Clover, Fletcher, Gilbert of Platte, Green, Linton, Morton, Owens, Kohrer, St. Gem, and Switzler— 12. Nobs — Messrs. Adams, Barr, Bonham, Bunce, Childress, Davis of Nodaway, Dod- son, Drake, Ellis, Evans, Folmsbee, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Ilolcomb, Hughes, Hume, Mc- Ifonnau, McPherson, Mack, Newgent, Ran- kin, Smith of Mercer, Smith of Worth, Swearingen, Thilenius, Weatherby, Wil- liams of Caldwell, Williams of Scotland, and Mi-. President— 32. Absent with Leave — Messrs. Davis of New Madrid, Holdsworth, Holland, Hus- man, Leonard, Martin, Meyer, and Nixdorf —8. Absent without Leave — Messrs. Budd, D'Oench, Esther, Filley, Gilstrap, Gram- mer, King, Strong, and Sutton — 9. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the amendment was rejected. Mr. Fletchek offered the following resolution : Resolved, That at 5 o'clock P. M., on Fri- day, the 31st of March, 1865, this Convention ■mil adjourn sine die. Mr. Drake moved to lay the resolution on the table, and demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes — Messrs. Adams, Barr, Bonham, Bunce, Childress, Clover, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holeomb, Hume, McKernan, McPherson, Mack, Newgent, Kankin, Smith of Mercer, Swearingen, Williams of Cald- well, WUhams of Scotland, and Mr. Presi- dent^28. Noes — Messrs. Bedford, Bush, Fletcher, Foster, Gilbert of Platte, Green, Hughes, Linton, Morton, Owens. Rohrer, St. Gem, Smith of Worth, and Thilenius— 14. Absent with Leave — Messrs. Davjs of New Madrid, Holdsworth, Holland, Hus- mann, Leonard, Martin, Meyer, and Nix- dort^-8. Absent without Leave — ^Messrs. Budd, D'Oench, Esther, Filley, Gilstrap, Gram- mer, King, Strong, Sutton, Switzler, and Weatherby— 11 . Sick — ^Messrs. Cowden, Mitchell, and Peck —3. So the amendment was laid on the table. Mr. RoHBEK moved to adjom-n until Mon- day morning next at 9 o'clock. On this motion Mr. Drake demanded the ayes and noes, and the vote being taken, stood as follows : 186 Ayes — Messrs. Adams, Bedford, Bush, Fletcher, Gilbert of Platte, Eohrer, and St. Gem— 7. Noes — Messrs. Barr, Bonham, Bunce, Childress, Clover, Davis of Nodaway, Dod- son, Drake, Ellis, Evans, Foster, Pulker- son. Gamble, Gilbert of Lawrence, Green, Henderson, Holcomb, Hughes, Hume, Lin- ton, McKernan, McPherson, Mack, Morton. Newgent, Kankiu, Smith of Mercer, Smith of Worth, Swearingen, Thilenius, Williams of Caldwell, Williams of Scotland, and Mr. Presiden1>-33. Absent with Lbavb — Messrs. Davis of New Madrid, Holdsworth, Holland, Hus- mann, Leonard, Martin, Meyer, and Nix- dort^-8. Absent without Leavb — Messrs. Budd, D'Oench, Esther, Filley, Folmsbee, Gil- strap, Grammer, King, Owens, Strong, Sut- ton, Switzler, and Weatherby — 13. Sick — Messrs. Co wden, Mitchell, and Peck —3. So the Convention refused to adjourn until Monday. On motion of Mr. Foster, the Convention adjourned until half-past 2 o'clock P.M. AFTERiSIOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Drakb introduced the following ar- ticle: article — . Distribution of Powers. The power of government shall be divided into three distinct departments, each of which shall be confided to a separate magis- tracy; and no person charged vrith the exer- cise of powers properly belonging to one of those departments shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. Which was read a first and second time. On motion of Mr. Drake, the rules were suspended, the article was considered as en- grossed, read the third time, and put upon its final passage, and was adopted and referred to the Revising Committee. Mr. Drake offered the following resolution, which was adopted : Resolved. That the articles of the Constitu- tion framed by this body, and named in this resolution, shall, in the enrolled Constitution. be arranged in the following order, and be numbered accordingly; 1. Declaration of Rights. 2. Right of Suffrage. 3. Distri- bution of Powers, i. Legislative Depart- ment. 5. Executive Department. 6. Judi- icial Department. 7. Impeachments. 8. Banks and Corporations. On motion of Mr. Drake, the article on Elections, and Qualifications of Voters, Ofiicers, and others, was taken up. Mr. Drake offered the following amend- ment, which was adopted: Amend section twenty-fourth, line elev- enth, by striking out the word "thereof," where it first occurs therein, and inserting in lieu thereof the word "domestic. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend section sixth, line sixth, by striking out the word ' ' unqualified. ' ' Mr. Drake offered the following amend- ment, which was adopted : Fill the fii'st blank in section twenty-four with the word "first;" the second blank with the word ' ' January; ' ' the third blank with the words ' 'seventy-one ; ' ' the fourth blank with the woi'd "first;" the fifth blank vrith the word ' ' January, ' ' and the sixth blank with the words ' ' seventy-five. ' ' Mr. Drake offered the following amend- ment, which was adopted: FiU the blank in section sixth with the word "second." Mr. Drake offered the following amend- ment, which was adopted : Amend the title by striking out the same, and insert in lieu thereof the words ' ' right of suffrage. " Mr. Krekel moved to strike out section eighteen, and insert in lieu thereof the fol- lowng : Every malff citizen of the LTnited States, and every person who may have declared his intention to become a citizen of the United States, according to law, at least six months before he offers to vote, who is over the age of twenty-one years, and who shall have complied with the provisions of this article, and is not disqualified by or under any pro- vision of this Constitution, and who shall have resided in this State one year next pre- ceding any election, and during the last sixty days of that period, in the election dis- trict where he seeks registration, shall be entitled to vote at such elections for all offices. State, county, or municipal, made elective by the people; but he shall not vote elsewhere than where he is registered, except as provided in the twentieth section of this article: Provided, however. That no person of color shall be entitled to become a voter under the foregoing provisions, unless he was a resident of this State on the 11th day of January, 1865, or may thereafter be born in the same, nor unless such person of color shall, at the time of registration, or his offering to vote, be able to read and write, and be of good moral character; which facts 187 must bu established before a court of this State, liaviug a seal; which court, on being satJStied that the aispUcaut possesses the qualifications aforesaid, shall gnmt him a ccrtihcate thereof, from which several quali- hcations, except that of good moral charac- ter; soldiers who shall have served, or may now be serving, or who may hereafter enlist m the armies or navies of the United States, and have been honorably discharged there- irom, shall be exempt; And provided further, mat no person of color shall vote prior to the 11th day of January, 1872. And for the purpose ot ascertaining the sense of the peo- ple lu regard to the admission of persons ot color to the right of suffrage, under the restrictions, limitations, and qualifications aforesaid, the Legislature shall, by law, provide for a submission thereof to the peo- ple, at the general election to be held in 1870; and if a majority shall vote for such colored suflfrage, persons of color shall, thereafter, be entitled to vote under the restrictions, limitations, and qualifications contained in tliis section. Mr. Owens moved to amend the amend- ment, by striking out all after the figures " 1872," in the twenty-second line. Pending which, Mr. Clover offered the following amendment: Strike out "1872," in the twenty-second line. Which was read and declared out of order. On motion of Mr. Deake, Mr. Strong was excused from further duty on the Committee on Militia, and Mr. Ellis was appointed in his stead. On motion of Mr. Dkake, the Conven- tion adjourned until Monday; next at 9 o'clock A. M. SIXTY-SIXTH D^Y. Convention met pursuant to adjournment, the President in the chair. Ml'. Drake offered the following resolu- tion, which was adopted: Hesohed, That a committee of three be appointed by the President, whose duty it shaU be to see that the Constitution be duly and correctlj' enrolled. On request of Mr. Fostek, leave of absence was granted him for eight days from to- morrow. Mr. Drake, Chairman of the Committee on Eevision, presented the following report: Mk. Presidbxt: The Revising Commit- tee, to whom was referred the article entitled Distribution of Powers, beg leave to report the same back, without amendment. CD. DRAKE, Chairman. On motion of Mr. Drake, the article on Distribution of Powers was read the last time, and ordered to be enrolled as a part of the Constitution. A call of the house was ordered, and the following members answered to their names : Messrs. Barr, Bonham, Bunce, Bush, Childress, Da^ds of Nodaway, Dodson, Drake, Ellis, Evans, Filley, Polmsbee, Foster, Ful- kerson, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Green, Henderson. Hol- comb, Holland, Hughes, Hume, Husmann, King, Linton, McKernan, McPherson, Mor- MONDAY, March 27th, 1865. ton, Newgent, Eohrer, St. Gem, Smith of Mercer, Smith of Worth, Sutton, Swearin- gen, Switzler, Thilenius, Williams of Cald- well. Williams of Scotland, and Mr. Presi- dent— 41 . Absent with Leave— Messrs. Cowden, Holdsworth, Leonard, Meyer, Nixdorf, and Weatherby — 6. Absent withotjt Leave — Messrs. Adams, Bedford, Budd, Clover, Davis of New Mad- rid, D'Oench, Esther, Fletcher, Gamble, Grammer, Martin, Owens, Rankin, and Strong— 14. Sick — Messrs. Mack, Mitchell, and Peck — 3. The Sergeant-at-arms reported Mr. Sti'ong outside the bar, under arrest. Mr. Strong stated his excuse to be that he had been en- gaged in writing out the report of the Com- mitj;ee on Education. On motion of Mr. Drake, he was excused. The Sergeant - at - arms reported Mr. D'Oench outside the bar, underv arrest. Mi. D'Oench stated that the cause of his absence was sickness. On motion of Mr. Bush, he was excused- Mr. Williams of Caldwell moved that further proceedings under the call be dis- pensed vidth, which motion was disagreed to. Mr. Clover presented himself, under arrest, and stated that he had been detained by trying a case in court. On motion, Mr. Clover was excused. 188 Mr. RiUSTKisr presented himself, under arrest, and stated that he had tjeen engaged in writing. On motion, he was excused. Mr. Fletcher presented himself, under arrest, and stated that he had just arrived on the cars. On motion, he was excused. On motion of Mr. Foster, further pro- ceedings under the call were dispensed with. On motion of Mr. Foster, leave of ab- sence was granted to Mr. Clover tor this day. On motion of Mr. St. Gem, leave of ab- sence was gi-anted to Mr. Fletcher for four On request of Mr. Thilenids, leave of absence was granted him for this weeli. On motion of Mr. Drake, the article on Eight of Suffrage was taken up, and the question then being on the amendment offered by Mr. Owens to the amendment offered by Mr. Krekel, Mr. Owens de- manded the ayes and noes thereon , and the vote being taken, stood as follows: Ayes — ^Messrs. Holcomb and Switzler — 2. Nobs — Messrs. Barr, Bonham, Bunce, Bush, Childress, Clover, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Evans, FUley, Fletcher, Folrasbee, Foster, Fiil- kerson, Gilbert of Lawrence, Gilbert of Platte, Gilstrap, Green, Henderson, Hol- land, Hughes, Hume, Husmann, King, Linton. McKernan, McPherson, Morton, Newgent, Kankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Thilenius, Williams of Cald- well, Williams of Scotland, and Mr. Presi- dent — 44. Absent with Leave — Messrs. Holds- worth, Leonard, Martin, Meyer, Nlxdorf, and Weatherby — 6. Absent without Leave— Messrs. Adams, Bedford, Budd, Davis of New Madrid, Esther, Gamble, Grammer, and Owens — 8. Sick — Messrs. Cowden, Mack, Mitchell, and Peek — 4. So the amendment was disagreed to. The question then being on the amend- ment offered by Mr. Ki-ekel to the eigh- teenth section of the article on the Right of Suffrage, Mr. Gilstrap offered the following amendment to Mr. Krekel's amendment, to-vpit: Amend by striking out. in the seventeenth line, all after the word ' 'thereof, ' ' down to the word "and," in the twenty-fli-st line. The question then being on the amend- ment to the amendment offered by Mr. Gil- strap, and on which he demanded the ayes and noes, the vote being taken, stood as follows : Ayes— Messrs. Bedford, Bush, Dodson, Gamble, Gilbert of La-^Tence, Gilbert of Platte, Gilstrap, Green, Hughes, Newgent, Switzler, and Mr. President — 12. Noes— Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, D'Oench, Drake, Ellis, Evans, Folmsbee, Foster, Fullcerson, Henderson, Holland, Hume, Husmann, King, Linton, McKer- nan, McPherson, Rankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Strong, Sutton, Sweai'iiigen, Tliilenius, Williams of Caldwell, and Williams of Scotland— 32. Absent with Leave — Messrs. Clover, Fletclier, Holdsworth, Leonard, Martin, Meyer, Nixdorf, and Weatherby — 8. Absjsnt without Leave — Messrs. Adams, Davis of New Madrid, Esther, Filley, Gram- mer, Holcomb, Morton, and Owens — 8. Sick — Messrs. Cowden, Mack, Mitchell, and Peck— 4. So the amendment to the amendment was disagreed to. The following amendment to the amend- ment offered by Mr. GUstrap was read and disagreed to: Amend the amendment by inserting the word "male" before the word "person," in the first line. Mr. Drake offered the following amend- ment to the amendment: Amend the amendment bj' striking out of lines one, two and three, the following words: "and every person who may have declared his intention to become a citizen of the United States, according to law, at least six months before he offers to vote. ' ' At the request of Mr. Bush, leave of ab- sence was granted him for this afternoon. On motion of Mr. Folmsbee, the Conven- tion adjourned until half-past 2 o'clockP. M. AFTERNOON SESSION. Convention met pursuant to adjom-nment, the Vice President in the chair. The question being on Mr. Drake's amend- ment to the amendment of Mr. Krekel, Mr. Drake demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes- Messrs. Budd, Bunce, Childress, Davis of Nodawav, Drake, Evans, Folms- bee, Fulkerson, Gamble, Henderson, Hol- land, Hume, McPherson, Morton, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Switzler, and Williams of Scotland —21. Noes — Messrs. Barr, Bedford, Bonham, Bush, Dodson, D'Oench, Ellis, Filley, Fos- ter, Gilbert of Lawrence, Gilbert of "Platte, Gilsti'ap, Green, Holcomb, Hughes, Hus- 189 mann, King, Linton, Newgeut, Eolirer, Swearingen, Thilenins, and Mr. President — 2o. Absent with Leave — Messrs. Clover, Fletcher, Holdsworth, Leonard, Martin, Meyier, Nixdorf, and Weatherby — 8. Absent without Leave — Messrs. Adams, Da^is of New Madrid, Esther, Grammer, McKeruau, Owens, St. Gem, and Williams of Caldwell— 8. Sick— Messrs. Cowden, Mack, Mitchell, and Peck — i. So the amendment to the amendment was disagreed to. Mr. HusMANN moved a call of the house, which was not sustained. Mr. BuDD offered the following amendment to the amendment of Mr. Krekel : Strike out the word ' 'citizen, ' ' in the lirst line, and insert ''person; " strike out. all alter the word "article, ' ' in the tenth line. Mr. BuDD withdrew the fli-st part of his amendment, to-wit: , Strike out the word ' 'citizen, ' ' in the first line, and insert "person." After debate, Mr. Budd withdrew his entii'e amendment. The question then being on the amendment of Ml'. Krekel, the ayes and noes were demanded; and the vote being taken, stood as follows : Ayes— Messrs. Bedtord, Bush, Dodson, D'Oench, Ellis, Evans, Poster, Gilbert of Lawrence, Gilstrap, Green, Holcomb. Hughes, Husmann, King, Linton, Newgent, Bohrer, St. Gem, Thilenius, and Mr. President— 20. Nobs — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Drake, Pilley, Polmsbee, Fulkerson, Gamble, Gil- bert of Platte, Henderson, Holland, Hume, McKernan, Mcpherson, Morton, Hankin, Smith of Mercer, Smith of Worth, Strong, Su.tton, Swearingen, Switzler, "\Villiams of Caldwell, and Williams of Scotland— 27. Absent with Leave— Messrs. Clover, Holdsworth, Leonard, Martin, Meyer, Nix- dorf, and Weatherby— 7 . Absent without Leave— Messrs . Adams , Davis of New Madrid, Esther, Fletcher, Grammer, and Owens — 6. Sick— Messrs. Cowden, Mack, Mitchell, and Peck — 4. So the amendment was disagreed to. Mr. Dbake offered the following amend- ment, which was adopted: Amend jiection seventh, line first, by striking out the words ' 'the adoption of, ' ' and inserting, after the word "Constitu- tion, ' ' the words ' 'takes effect. ' ' Mr. Dkakb offered the following amend- ment, which was adopted: Amend section ninth, line third, by strik- ing out the words' "the adoption of," and inserting, after the word the words ' 'takes effect. ' 'Constitution,' Mr. Holcomb offered the following amend- ment: Amend by striking out section twenty-six. Mr. Foster moved the previous question, which was sustained. The question then being on the adoption of Mr. Holcomb's amendment, Mr. Drake demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bush, Dodson, D'Oench, Ellis, Folmsbee, Foster, Gamble, Gilbert of Platte, Green, Holcomb, Hughes, Husmann, King, Meyer, Morton, Newgent, Kohrer, Smith of Mercer, Sutton, Swearin- gen, Switzler, and Mr. President— 23. Noes— Messrs. Bonham, Budd, Childress, Davis of Nodaway, Drake, Evans, Filley, Fulkerson, Gilbert of Lawrence, Henderson, Holland, Hume, Linton, McPherson, Ran- kin, Smith of Worth, Strong, Williams of Caldwell, and Williams of Scotland— 19. Absent with Leave- Messrs. Clover, Fletcher, Holdsworth, Leonard, Martin, Nixdorf, Thilenius, and Weatherby— 8. Absent without Leave- Messrs. Adams, Bedford, Bunce, Davis of New Madrid, Esther, Gilstrap, Grammer, McKernan, Owens, and St. Gem — 10. Sick— Messrs. Cowden, Mack, Mitchell, and Peck — i. So the section was stricken put. Mr. Strong offered the following, to take the place of section twenty-six, reported by the committee : For the purpose of ascertaining the sense of the people in regard to the admission of persons of color to the right of suffrage, the General Assembly may provide, by law. for submitting the question to the qualified voters at any general election to be held after the eleventh day of January, eighteen hundred and seveuty-flve; and if a majority of the votes given at any such election shall be in favor of colored suffrage, the persons of color being otherwise qualified as voters, shall be entitled to vote at all elections by the people. Mr. Folmsbee offered the following amendment to the proposition of Mr. Strong: Amend by inserting in the tenth line, after the words "seventy-five," these words, ' 'but at no earlier date. ' ' On motion of Mr. Foster, the Conven- tion adjourned until 9 o'clock to-morrow morning. 190 SIXTY-SEVENTH D^Y. Convention met pursuant to adjournment, the President in the chair. On request of Mi-. Hughes, leave of absence was granted him for five days. On request of Mr. Nkwgent, leave of absence was granted him for eleven days. The article on the Declaration of Bights, offered by Mr. Drake, was read a second time. The proposition of Mr. Strong, offered yesterday, with the amendment thereto offered by Mr. Folmsbee, was taken up. Mr. Hughes moved to lay them on the table, and on this motion demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Budd, Davis of Nodaway, Dodson, Drake, Gilbert of Lawrence, Gil- bert of Platte, Gilstrap, Green, Holcomb, Hughes, Husmann, King, McPherson, Ronrer, and Mr. President — 15. Noes — Messrs. Barr, Bonham, Bunco, Childress, Esther, Evans, Fletcher, Folms- bee, Fulkerson, Gamble, Henderson, Hol- land, Hume, Leonard, McKernan, Morton, Newgent, Rankin, Smith of Mercer, Smith of Worth, Strong, Swearingen, Switzler, Williams of Caldwell, and Williams of Scot- land — 25. Absent with Leave — Messrs. Foster, Holdsworth, Martin, Nixdorf, and Thile- nius — 0. Absent without Lk ave — Messrs . Adams , Bedford, Bush, Clover, Davis of New Ma- drid. D'Oench, Ellis, Filley, Grammer, Linton, Meyer, Owens, St. Gem, Sutton, and Weatherby — 15. Sick— Messrs. Cowden, Mack, Mitchell, and Peck— 4. So the motion to lay on the table was rejected. On request of Mr. St. Gem, leave of ab- sence was granted him for this day. The President announced the following committeee, in accordance with the resolu- tion offered by Mr. Drake yesterday, to see that the Constitution be correctly enrolled : Messrs. Drake, Switzler, and Holland. Mr. Bush obtained leave of absence for this afternoon. The question being on the amendment of Mr. Folmsbee to Mr. Strong's amendment, Mr. Folmsbee demanded the ayes and noes, and the vote being taken , stood as follows : TUESDAY, March 28th, 1865. Ayes — Messrs. Barr, Childress, Evans, Folmsbee, Henderson, Morton, Rankin, and Strong— S. Nobs — Messrs. Bonham, Budd, Bush, Clover, Davis of Nodaway, JDodson, D'Oench, Drake, Ellis, Esther, Filley, Fulkerson, Gamble. Gilbert of Lawrence, Gilstrap, Green, Holcomb, Holland, Hughes, Hume, Husmanu, King, Linton, McKernan, McPherson, Meyer,. Rohrer, Smith of Mer- cer. Smith of W'^orth, Swearingen, Williams of Caldwell, Williams of Scotland, and Mr. President — 33. Absent with Leave — Messrs. Floteher, Foster, Holdsworth, Martin, Newgent, Nixdorf, St. Gem, and Thilenius — 8. Absent without Leave — Messrs. Adams, Bedford, Bunce, Davis of New Madrid, Gilbert of Platte, Grammer, Leonard, Owens, Sutton, and Weatherby — 10. Sick — Messrs. Cowden, Mack, Mitchell, Peek, and Switzler — 5. So the amendment was rejected. Mr. Bonham offered the following as a substitute for the amendment proposed by Mr. Strong: Sec. — . For the purpose of ascertaining the sense of the people in regard to the admission of persons of color to the right of suffrage, the question shall be submitted to, and voted upon by, the qualified voters of the State, at the general election to be held in the year mie thousand eight hundred and seventy; and if the vote of the people should be against such admission, the General Assembly may, at any time thereafter, provide by law for again submitting the question to the qualified voters, at any general election, and as often as it may deem espedii-nt. And if a majority of the votes given upon the question, at any such election, shall have been in favor of colored suffrage, the persons of color, being otherwise qualified as voters, shall be entitled to vote at all elections by the people. The General Assembly shall, by law, provide for ca.iTying this section into effect. On motion of Mr. Ellis, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Bonham's substitute for the amend- ment of Mr. Strong was taken up. Mr. Bonham moved a call of the house, which was ordered, and the following mem- bers responded to their names : 191 Messrs. Adams, Bonham, Budd, Bunce, Davis of Nodaway, Dodson, Drake, Ellis, Evans, Polmsbee, Fulkerson, Gamble, Gil- bert of Platte, Gilstrap, Green, Henderson, Holcomb, Holland, Hume, King, Leonard, McKernan, McPherson, Smith of Mercer, Sutton, Swearingen, Williams of Scotland, and Mr. President— 28. Absent with Lkavk — Messrs. Bush, Fletcher, Foster, Holdsworth, Martin New- gent, Nixdorf, Peck, St. Gem, and Thile- liius — 10. Absent without Leave — Messrs. Barr, Bedford, Childress, Clover, Davis of New Madrid, D'Oench, Esther, Filley, Gilbert of Ijawreuce, Gi'ammer, Hughes, Husinann, Linton, Meyer, Morton, Owens, Eankiu, Rohrer, Smith of Worth, Strong, Weath- erby, and Williams of Caldwell — 22. Sick — Messrs. Cowden, Mack, Mitchell, and Switzler — 4. Mr. Williams of Caldwell reported himself under arrest ; stated that he had been detained ■with a sick friend. On motion, he was excused. Mr. Babr reported himself under arrest; stated- that he had been detained on a com- mittee. On motion, he was excused. Mr . KoHRER reported himself under arrest ; stated that he had returned as soon as he could, living some distance from the hall. On motion, he was excused. Mr. Meyer reported himself under arrest; Stated that he had been at the provost marshal's office on special business. On motion, he was excused. Mr. Gilbert of Lawrence reported himself under aiTest; stated that he had been in consultation with tlie Governor . On motion , he was excused. Mr. Gilstrap stated that he had no excuse to offer, nor should he offer any. The President decided that he was thereby in contempt of the Convention. Mr. Rankin reported himself under arrest; Stated that he had been detained by a con- sultation with the Governor. On motion, he was excused. Mr. Childress reported himself under arrest; stated that he had been detained by a consultation with the Governor . On motion , he was excused. On motion of Mr. Davis of Nodaway, further proceedings under the call were dispensed with. ' Mr. Bonham modified his substitute to Mr. Strong' s amendment, so as to read as follows : For the purpose of ascertaining the sense of the people in regard to the admission of persons of color to the right of suffrage, the question shall be submitted to, and voted upon by, the qualified voters of the State, at the general election to be held in the year one thousand eight hundred and seventy. And if a majority of the votes given upon the question, at such election, shall have been in favor of colored suffrage, then persons of color, being otherwise qualified as voters, shall be entitled to vote at all elections by the people. The General Assembly shall, by law, provide for cairying this section into effect. The question being on the substitute of Mr. Bonham, as modified by him , he demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Messrs. Bonham, D'Oench, Linton, McKernan, Williams of Scotland, and Mr. President — 6. Nobs— Messrs. Adams, Budd, Bunce, Childress, Clover, Davis of Nodaway, Dodson-, Drake, Esther, Filley, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilbei-t of Platte, Gilstrap, Green, Hender- son, Holcomb, Holland, Hughes, Hume, King, Leonard, McPherson, Meyer, New- gent, Rankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, and Swearingen — 34 . Absent with Leave — Messrs. Bush, Fletcher, Foster, Holdsworth, Martin, Nix- dorf, St. Gem, and Thilenius— 8. Absent without Leave — Messrs. Barr, Bedford, Davis of New Madrid, ElHs, Evans, Grammer, Husmann, Morton, Owens, Weatherby, and Williamsof Caldwell— 11. Sick— Messrs. Cowden, Mack, Mitchell, Peck, and Switzler — 5. So the substitute was rejected. Mr. Drake offered the following substitute for Mr. Strong's amendment: Sec. — . For the purpose of ascertaining the sense of the people in regard to the admission of persons of color to the right of suff'rage, the question shall, in the manner hereinafter prescribed, be submitted to, and voted upon by, the qualified voters of the State, at the general election to be held in the year one thousand eight hundred and seventy. The ballots in favor of the admis- sion of persons of color to the right of suffrage, shall have written or printed thereon the words "Colored Suffrage— Yes;" and those against such admission shall have written or printed thereon the words "Colored Suffrage— No." The judges at said election shall count and return the votes fiven on said question, and the same shall e cast up'and certified by the clerks of the several county courts, to the Secretary of State. And at the expiration of forty days after the election, the Governor shall proceed to ascertain, from the returns in the office of the Secretary of State, the aggregate vote of the State upon said question, including the soldiers' vote, hereinbefore provided for, 192 aud shall announce the same by his proclama- tion. And if a majority of the votes given and returned upon the question shall have been in fa;Vor of colored suflrage, then, from the date of such proclamation, male persons of color, being otherwise qualified, shall be entitled to vote at all elections by the people. Mr. Deakb moved the previous question, which was sustained by the Convention. The question then being on the substi- tute offered by Mr. Drake, Mr. Deake de- manded the ayes and noes thereon, and the vote being taken stood as follows : Ayes— Messrs. Bonham, Davis of Noda- way, D'Oench, Drake, Fillev, Fulkerson, Gilbert of Lawrence, Holland, Hume, Lin- ton, McPherson, Newgent, Smith of Worth, Swearingen, Williams of Scotland and Mr. President — 16. Noes— Messrs. Budd, Buuce, Childress, Clover, Dodson, Esther, Folmsbee, Gam- ble, Gilbert of Platte, Gilstrap, Green, Hen- derson, Holcomb, Hughes, King, Leonard, McKernan, Meyer, Eankin, Smith of Mer- cer, Strong, and Sutton — 22. Absent with Leave — Messrs. Bush, Fletcher, Foster, Holds worth, Martin, Nix- dorf, St. Gem, and Thilenius — 8. Absent without Leave— Messrs. Adams, Barr, Bedford, Davis of New Madrid, Ellis, Evans, Grammer, Husmaun, Morton, Owens, Eohrer, Switzler, Weatherby and Williams of Caldwell— 14. Sick — Messrs. Cowden, Mack, Mitchell, and Peck — i. So the substitute was rejected. The question then being on adopting Mr. Strong's amendment, Mr. Gilsteap de- manded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Folmsbee, Henderson, McKernan, Kankin, and Strong^. Nobs — Messrs. Adams, Bonham, Budd, Bunce, Childress, Clover, Davis of Noda- way, Dodson, D'Oench, Drake, Esther, Pilley, Fulkerson, Gamble, Gilbert of Law- rence, Gilbert of Platte, Gilstrap, Green, Holcomb, Holland, Hughes, Hume, King, Leonard, lAnton, McPherson, Meyer, New- gent, Smith of Mercer, Smith of Worth, Sutton, Swearingen, Williams of Caldwell, Williams of Scot&nd, and Mr. President— 35. Absent with Lmave — ^Messrs. Bush, Fletcher, Foster, Holdsworth. Mai-tin, Nix- dorf, St. Gem, and Thilenius— 8. Absent without Lbavb — ^Messrs. Barr, Bedford, Davis of New Madrid, Ellis, Evans, Grammer, Husmann, Owens, Rohrer, Mor- ton, Switzler. and Weatherby — 12. Sick— Messrs. Cowden, Mack, Mitchell, and Peck — i. So the amendment of Mr. Strong was rejected. Mr. Stkong moved that the question of negro suffrage be indefinitely postponed; which motion was withdrawn . Mr. Green offered the following as a sub- stitute for the original article on the Eight of Suffrage: AETICLB — . Elections, Qualifications of Voters and others. Section 1 . After the adoption of this Con- stitution, all general elections shall be held biennially, commencing on the Tuesday after the first Monday in November, A. D. 1866, and every two years thereafter, on Tuesday, before the first Monday of the same month: Provided,. The General Assembly may, by law, prescribe a different day. Sec. 2. Evei-y white male citizen of the United States ( except idiots, insane persons, and such as are disqualified in the third sec- tion of this article for disloyal practices and sympathies), who shall have attained to the age of twenty-one years, been a resident of this State one year, aud of the county in which he offers to ■ vote two months, next before an election, shall be entitled to be registered, and to vote at all elections.' Sec. 3. Persons who, since the seventeenth day of December, A. D. 1861, shaU have voluntarily engaged in war, rebellion, insur- rection, or warlike array (or who, since said day, shall have voluntarily adhered to, openly sympathized with, or in any way aided, abetted,, or- encouraged others so en- gaged) against the government of the Uni- ted Stat«s, or of the State of Missouri, or the military forces or loyal people thereof, and persons who, after havino^ voted at any elec- tion, shall have claimed protection of any foreign government, to secure exemption from any military draft, or from service in the militia forces of this State, are hereby dis- qualified to vote, hold office, serve on juries, teach in public schools, sei-ve as judges or clerks of any election, or as an officer of any corporation in this State: Provided, however. That any such person who, after having committed the acts aforesaid, shall have enlisted, as a volunteer, in the military ser- vice of the United States, or of this State, and served one j'ear, or more, and been thereafter honorably discharged, is hereby relieved against the disabilities hereinabove imposed. Sec. 4. AU elections shall be by ballot, and continue one day only, except that the votes of qualified electors, absent in the military service of the United States, or of this State, shall be taken in any manner, on any day or days within twenty days before any election day, and returned in any time and manner as the General Assembly may, bj' law, pre- scribe. Sec. 5. The General Assembly shall have power to exclude from the privileges of an elector, or other privilege, any person who may have been convicted of bribery, perjury, or other infamous crime. 193 Sec. 6. Electors, during attendance at elections, and in going to and returning therefrom, shall be privileged from arrest, in all cases except treason, Felony, or breach of the peace. Sec. 7. No person in the military, naval, or mai-ine service of the United States, shall, by being stationed in any garrison, military or naval station within this State, be cousixl- ered a resident ot this State. Sec. 8. For the purpose of preserving in purity the elective franchise to the loyal peo- ple, and of carrying into effect the provisions of this article of the Constitution, it shall be the duty of the General Assembly, before the next general election, to enact a uniform registration law, with such safeguards as vml secure the registration of the qualified electors in every county, protect the ballot- box to loyal voters, and exclude therefrom the persons disqualitied in section three of this article: Provided, -That until such law shall have been enacted, elections may be conducted, and returns made, as now pro- vided by law. Sec. 9. It shall be the duty of the General Assembly, in addition to a registration law, to pass all such laws as may be found necessary to enforce the provisions of the several sections oj this article, and especially the disqualifications imposed in the third section. ' ' Sec. lO; Two years after the suppression of the rebellion and the restoration of peace between the Government of the United States and the so-caUed Confederate States of America, the General Assembly shall have power to dedai-e, bylaw, the third section of this article, in whole or in part, inopera- tive and void, with such discriminations as they may by law provide. Sec. 11. Before any person shaU hold any position as an oflScer in any corporation vote at any election, or teach in any public school in this State, he shall take and subscribe to the following constitutional oath : "I, A. B., do solemnly swear (or affirm) that, since the 17th day of December, 1861, I have never, voluntarily, engaged in war, rebellion, insurrection, or warlike array (nor have I, since said day, voluntarily, adhered to, openly sympathized witli. or in any wayaided, abetted, or encouraged others so engaged) against the Government of the United States or of the State of Missouri, or the military forces, or the loyal people thereof; nor have I, since said day, havmg voted at any election, ever claimed the pro- tection of any foreign government, to secure exemption from any military drafts, or from service in the militia forces of this State; but, since said day, I have, at all times, faithfully adhered to my allegiance to the Government of the United States and of the State of Missouri. I wiU support, defend and protect the Constitution of the United States and of this State against all enemies or opposers, so help me God. ' ' Mr. Strong moved to lay Mr. Green's substitute on the table ; on which motion Mr . BoNHAM demanded the ayes and noes, and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Dodson. D'Oench, Drake, Esther, FiUey, Fulkersbn, Gamble, GUbert of Lawrence, Henderson, Hume, King, McKernan, Mc- Pherson, Newgent, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Williams of Caldwell, and Williams of Scotland— 28. Noes— Messrs. Adaitis. Clover, Gilbert of Platte, Gilstrap. Green, Holcomb, Holland, Hughes, Leonard, Linton, Meyer, and Mr. President — 12. Absent with Leave — Messrs. Bush, Fletcher, Foster, Holdsworth, Martin, Nix- dorf, St. Gem, and Thilenius— 8. AbsbntwithotjtLbavb— Messrs. Bedford, Davis of New Madrid, Ellis, Evans, Folms- bee, Grammer, Husmann, Morton, Owens, Kohrer, Switzler, and Weatherby— 12. Sick:— Messrs. Cowden; Mack, Mitchell, and Peck — 4., So the motion to lay on the table was agreed to. Mr. Bonham ofiered the following as a new section : Every male person of foreign birth, of the age of twenty-one years or upward, whohajs resided in the State one year next preceding any election,. and sixty days in the county or precinct where he offers to vote, and shall have declared his intention to become a citizen of the United States, according to the laws of Congress on the subject of natural- ization, shall be allowed to vote at. all elections in this State. Mr. Holcomb moved the previous ques- tion, which was sustained. The question, then being on the adoption of Mr. Bonham 's proposition, Mr. Bonham demanded the ayes and noes, and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bonham, Clover, Dodson, Filley, Gilbert of Lawrenee,, Gil- strap, Green, Hughes, King, Leonard, Lin- ton, Meyer, Newgent, Sweai-iugen, Williams of Caldwell, and Mr. President^l7. jsfoES- Messrs. Adams, Budd, Bunce, Childress, Davis of Nodaway, Drake, Esther, Folmsbee, Fulkerson, Gamble, Gilbert of Platte, Henderson, Holcomb, Holland, Hume, McPherson, Rankin, Smith of Mer- cer, Smith of Worth, Strong, Sutton, and Williams of Scotland— 22. Absent with Leave — ^Messrs. Bush, Fletcher, Foster, Holdsworth, Martin, Nix- dort', and Thilenius— 7. Absent without Leave — Messrs. Bed- ford, Davis of New Madrid, D'Oench, Ellis, Evans, Grammer, Husmann, McKernan, 194 Morton, Owens, Kohrer, St. Gem, Switzler, and Weatherby — 14. Sick — ^Messrs. Cowden, Mack, Mitchell, and Peck — i. So the new section was rejected. Mr. GiLSTEAP offered the following amend- ment: Strike out section third, and insert in lieu thereof the following: Sec. 3. Thatno person, dis(iualified under the provisions ol this section, shall be deemed to be a qualified voter at any election imder the Constitution or laws of this State, or to be qualified to hold any office of profit or trust thereunder; or be permitted to be- come a teacher in any public school, or allowed to solemnize the right of matri- mony, or to act as an officer in any corpora- tion within this State. Mrst — AH persons who have been, or who hereafter may be, voluntarily engaged in any armed insurrection or rebellion, or in any armed hostile aiTay against the Govern- ment of the United States, or of the State of Missouri. Second — ^All persons who have been, or who hereafter may be, voluntarily engaged in giving aid and comfort to any person or persons described in the preceding sub- division. Third— AH persons who have been , or who hereafter may be, voluntarily acting with any ai-med band of partisans, guerrillas, marauders, or so-caUed bushwhackers, in violation of the laws of the United States, or of the State of Missouri; aud all j^ersons who have been, or who hereafter maybe, voluntarily engaged in giving aid and com- fort to any person or persons acting with any such ai-med band, so in violation of said laws. Fourth — AU persons who have, or who hereafter may have, since the 10th day of June, A. D. 1862, voluntary adhered to the cause of the so-caUed Confederate States of America: Provided, That any person who may be disqualified under the first or second sub-divisions of this section, for acts done, or words spoken or written, prior to the said 10th day of June, A. D. 1862, and who, prior to said day, shall have taken the ■benetit of any proclamation of pardon, or of amnesty, in relief therefrom, issued under the authority of the President of the United States, or the Governor of the State oi Missouri, or under any ordinance of her Convention, and who shall have continued faithfully to keep and observe the conditions thereof, shall be relieved and excepted from aU disqualifications under this section: and provided further, That any person who may be disqualified under the provisions of the first, second, and fourth sub-divisions ot this section, prior to the 10th day of May, A. D. 1865, and who shaU have, prior to that day, volunteered into the military ser- vice of the United States, and shall faithfully serve therein for the period of twelve months, unless sooner discharged, shall be relieved from such disqualification. Mr. BoNHAM moved to lay Mr. Gilstrap's amendment on the table, and demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes — Messrs. Adams, Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Drake, Filley, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holland, Hume, King, Leonard, McKernan, McPherson, Rankin, Strong, Sutton, Swearingen, Wil- liams ot Caldwell, and Williams of Scot- land — 25. Noes — MessrS. Clover, Dodson, D'Oeneh. Esther, Polmsbee, Gilbert of Platte, Gil- strap, Green, Holcomb, Linton, Meyer, Rohrer, Smith of Mercer, Smith of Worth, and Mr. President — 51. Absent with Leave — ^Messrs. Bush, Fletcher, Poster, Holdsworth, Martin, New- gent, Nixdorf, St. Gem, and Thilenius— 9. Absent without Leave — ^Messrs. Bed- ford, Davis of New Madrid, Ellis, Evans, Grammer, Hughes, Husmann, Morton, Owens, Switzler, and Weatherby— 11. Sick— Messrs. Cowden, Mack, Mitchell i and Peck — i. So the motion to lay on the table was agreed to. On motion of Mr. Strong, the Conven- tion adjourned until 9 o'clock to-morrow morning. 196 SIXTY-EIGHTH D^Y. WEDNESDAY, March 29th, 1865. Convention met pursuant to adjournment, the President in the chair. Mr. G-REBN offered the following ordi- nance, which was read the first time: AN ORDINANCE PBOVIDING FOB THE ELECTIVE FBANOHISB. Be it ordained iy the People of the State of Missouri, in Convention assembled, as follows : Sec. 1. All general elections in this State, shall be held biennially, on Tuesday after the first Monday in November, in the year of our Lord one thousand eight hundred and sixty-six, and on the same day every two years thereafter. Sec 2. AU elections, in this State, shall be by ballot, and continue one day only. Sec 3. Every white male citizen of the United States, and every white male person who may have declared his intention to become a citizen of the United States, in Eursuance of law, at least six months before e offers to vote, or to be registered as a voter; who is over the age of twenty-one years, having complied with this ordinance, and is not disqualified by or under its provi- sions ; who shall have resided within this State one year next before any" election, the last sixty days of which period shall be in the election district in which he is registered and offers to vote, shall be a qualified voter at all elections in this State: Provided, That no person shall vote in any other county than that in which he shall be registered, except persons in the military service of the United States and of the State of Missouri. Sec. 4. Persons who, since the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixtjr-one, shall have voluntarily engaged in any insur- rection, rebellion, war, or warlike array; or who, since said day, shall have voluntarily adhered to, openly sympathized with, or in any way aided, abetted, or encouraged others so engaged, against the Government of the United States or of the State of Missouri, the military forces or the loyal people thereof; and persons who, after having voted at any election within the United States, shall have claimed protection of any foreign govern- ment, to secure exemption from any military draft, or from service in the militia forces of this State, are hereby disqualified to vote, hold office, serve on juries, teach in public schools, serve as judges or clerks of any election, or as an officer in any corporation In this State: Provided, however. That any such person who, after having committed any of the .acts aforesaid, shall nave enlisted as a volunteer in the military service of the United States or of this State, and served one year or more, and shall have been honorably discharged, is hereby relieved disabilities hereinbefore ir from the imposed. Sec 5. Before any person shall vote at any election, hold any office, serve on any jury, teach in any public school, serve as a judge or clerk of any election, or as an officer in any corporation, within this State, he shall take the following constitutional oath : "I do solemnly swear (or affirm) that I wiU support the Constitution of the United States, and of the State of Missouil, and obey the laws constitutionally enacted there- undier, and defend and protect the same against all enemies and opposers, domestic or foreign, to the best of my ability; so help me God. And I do further swear (or affirm) that, since the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty-one, I have never volun- tarily engaged in any insurrection, rebellion, war, or warlike array; nor have I, since said day, voluntarily adhered to, openly sympathized with, or in any way aided, abetted, or encouraged others so engaged, against the government of the United States, or of the State of Missouri, the military forces, or the loyal people thereof; nor have I, after having voted at any election within the United States, claimed protection of any foreign government, to secure exemption from any military draft, or from service in the military forces of this State. ' ' Sec. 6. Any person who shall willfully take the .oath in the next preceding section provided, knowing the facts therein, or any one of them, to be false, shall be guilty of perjury, and punished under existing laws. And any person who shall vote, or offer to vote, at any election in this State, having taken said oath falsely, in any fact therein mentioned, whether knowingly or not, shall be guilty of a misdemeanor, and punished by line not less than one hundred dollars, nor more than five thousand dollars, or by imprisonment in the county jail not less than three, nor more than twelve months. Sec 7. The General Assembly shall have the power to exclude from the privilege of voting, or other privilege, any person who may have been convicted of briberj"^, peijury, felony, or other infamous crime. Sec 8. Voters, during their attendance at elections, and in going to and returning therefrom, shall not be subject to arrest, except for treason, felony, or breach of the peaee. Sec. 9. No person in the military, naval, or marine service of the United States, by being stationed in any garrison, military or naval station within this State, shall be con- sidered a resident of this State. Sec 10. For the purpose of preserving, in purity, the elective franchise to the loyal 196 people, and of carrying mto effect the pro- ■^^sion8 of this ordinance, It shall be the duty of the General Assembly, before the next general election, to enact a uniform regis- tration law requiring the registration of all legal voters in this State, in pursuance of this ordinance: Provided, That any person being otherwise qualified . to vote in this State, who may be absent from the county of his residence, in the military service of the United States, or of this State, wherever he may be shall be entitled to vote, without registration, on a,ny day or days within twenty days next before and including any election day, in such manner as now is, or hereafter may be, provided by law. i Sec. 11. Every officer, civil and military, elected or appointed in pursuance of the Constitution and laws of this State, before entering upon the duties of his office, shal[ talie ana subscribe the constitutional oath in this ordinance provided, and shall file the same in the office of the clerk of the county court in the county of his residence; except members of the General Assembly, who shall talie the same oath on taliing their seats in that body. Sec . 12. Until a registration of voters shall be made, in pursuance of this law, all voters shall take the constitutional oath aforesaid, before voting at any election hereafter held ; and may be challenged before the judges of the election as being disqualified under this ordinance. But after such registration shall have been made, no question, except that ot registration, shall be tried before the judges of any election. Sec . 13. Any provision of the Constitution of this State, or of any law or ordinance of tins State, in conflict with the provisions of the emancipation ordinance passed by this ConvA.Y. Convention met pursuant to adjournment, the President in the chair. , The proposition of Mr. KiBg, to amend section four, of the forty -fourth standing rule, was called up. Mr. Smith of Worth offered the following resolution : Resolved, That the title of the proposed amendment to the Constitution shall be: "'King's' Constitution of 'Drake,'" that it be bound in morocco or "Duck.'* "Owen" to "Holcomb" and "Hughes" neglect it has become weak, hollow and faint; therefore it should be "Bush"-ed by " Lint-on, " and run through the ' 'Barr's, ' ' in order that it may graze upon the "Green'.' "Budd's" of "Clover," untU it has become ' ' Strong. ' ' Thus • • Fos- ter "-ed with sweet ' 'WiUiams' ' and decor- ated vrith "St. Gems," "Gilstrap," and ' 'Husmann' ' and "Switzler, ' ' can not sink it into the " Meyer , ' ' while it is " Krekel ' ' - ing about, " Harris "-ing the people. Al- though neglected by "Gilbert" and all "H^and,"' this "New-gent" is perfectly safe in the hands of ' ' Bonham ' ' and "Mack," let the "Weather-by" what it may. As "Gamble "-ing is the game to pass bills through this body, let the ' 'Rohr- er" loose, ana all hands pitch in, without "Swearing-en" be governed by the rules laid in the down of "Drake's' ' manual. The President ruled the proposition of Mr. Smith as out of order. Mr. Dkakb moved the previous question, which was sustained. THURSDAY, March 30th, 1865. The question then being on the adoption of Mr. King's proposition to amend section four of the forty -fourth standing rule, Mr. Drake demanded the ayes and noes, and the vote being taken, stood as foUows : Ayes — Messrs. Adams, Barr, Bonham, Budd, Bunce, Childress, Clover, Davis of Nodaway, Dodson, Drake, Esther, Filley, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Hume, King, Leon- ard, McKernan, McPherson, Mack, Rankin, Smith of Mercer, Strong, Sutton, Swearin- gen, and Weatherby — 29. Noes — Messrs. Bedford, Bush, D'Oench, Ellis, Evans, Gilbert of Platte, GUstrap, Green, Holcomb, Holland, Husmann, Lin- ton, Meyer, Rohrer, St. Gem, Smith of Worth, Switzler, WUliams of Caldwell, and Mr. President — 19. Absent with Leave — ^Messrs. Fletcher, Foster, Holdsworth, Hughes, Martin, Mor- ton, Newgent; and Thilenius — 8. Absent without Leave — Messrs. Davis of New Madrid, Grammer, Nixdorf, Owens, and Williams of Scotland— 5. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the proposition of Mr. King was adopted. Mr. Husmann asked leave of absence for ten days. Objections being made to giving such leave, Mr. Bonham demanded the ayes and noes thereon, and the vote being taken, stood as follows: 204 Ayes — Messrs. Adams, Barr, Bedford, Budd, Bimce, Bush, Childress, Clover, Dar- vis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Filley, Pulkerson, Gamble, Gilbert of Lawrence, Gilbert of Platte, Gil- strap, Green, Henderson, Holcomb, Holland, Hume, King, Leonard, Linton, MePherson, Mack, Meyer, Rankin, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Sutton, Bwearingen, Switzler, Weatherby, Williams of Caldwell, and Jtfr. President— 42. Noes — Messrs. Bonham, Evans, and Strong — 3. Absent with Leave — Messrs. Fletcher, Foster, Holds worth, Hughes, Martin, Mor- ton, Newgent, and Thilenius — 8. Absent without Leave — Messrs. Davis of New Madrid, Folmsbee, G rammer, Mc- Kernan, Nixdorf, Owens, and Williams of Scotland— 7 , Sick — Messrs. Cowden, Mitchell, and Peck— 3. Excused from Voting — ^Mr. Husmann— 1. So leave of absence was granted Mr. Hus- mann, as asked for. On request of Mr. D'Oench, leave of absence was granted him for this afternoon. On request of Mr. Evans, leave of ab- sence was granted him for ten days from to- morrow. On motion of Mr. Budd, the pending arti- cle on State Indebtedness was taken up. Av. Gilstrap called up the substitute oflfered by him for said article. On motion of Mr. Drake, the Convention adjourned until haU-past 2 o'clock P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. By request of Mr. Williams of Caldwell, Messrs. Barr and Ellis were granted leave of absence for this afternoon, on account of transacting business with the Committee on Militia. Mr. Drake offered the following as the ordaining clause of the Constitution, which was read the iirst and second time : We, the people of the State of Missouri, grateful to Almighty God, the Sovereign Ruler of nations, for our State Government, our liberties, and our connection with the American Union, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this revised and amended Constitution. Mr. Drake moved a suspension of the rules governing the Convention, and that the proposition be considered engrossed, be read a third time, and put on its final passage; whicli was agreed to . , The proposition was then read a third time and adopted, and referred to the Revising Committee. On motion of Mr. Budd, the article on State Indebtedness, with the substitute offered therefor by Mr. Gilstrap, was taken up. Mr. Drake moved that the ten-minute rule be suspended for the benefit of Mr. Bush. Mr. Linton moved the entire suspension of the ten-minute rule governing this Convention . Mr. Williams of Caldwell moved to amend the motion of Mr. Linton by suspending the ten-minute rule during th6 consideration of the pending question. After debate, the motion of Mr. Drake, with the pending motion ot Mr. Linton, and the amendment thereto by Mr. Williams of Caldwell, were withdrawn. Mr. Krekel moved to strike out the third section of the substitute; and after debate, withdrew his motion. Mr. Holland moved to refer the article on Finance, together with the substitute of Mr. Gilstrap, back to the Committee on Finance, with instruction to report, by ordinance or otherwise, on the subject of State indebt- edness. Mr. Williams of Caldwell moved as a substitute, that the report of the Finance Committee, together with the substitute, be referred to a committee of nine, composed of one from each congressional district. After debate, Mr. Williams of CaldweU withdrew his motion. Mr. Bush asked leave of absence for him- self for two days, which was granted. Mr. Budd asked leave of absence for to- morrow, which was granted. The motion of Mr. Holland, to refer the report of State indebtedness, with the sub^ stitiute therefor, back to the Committee on Finance, was adopted. On motion of Mr. Davis of Nodaway, Mr. Gilstrap was added to the Committee on Finance. Mr. Gilbert of Platte asked leave of ab- sence for one week, w'hich was granted. On motion of Mr. St. Gem, the Conven- tion adjourned until 9 o'clock to-morrow morning. 205 seventieth: t>a.y. Convention met pursuant to adjournment, the President in the chair. Mr. BoNHAM offered the following resolu- tion, which was adopted: . Resolved, That two copies of the Constitu- tion shall tie enrolled, and when the Consti- tution shall have been finally adopted by the Convention, each of said copies shall be authenticated by the signatures of the Presi- dent, the Secretaries, . and the members present, in the following order, to-wit: 1st, the President; 2d, the Vice President; 3d, the members, in alphabetical order ; and 4th, the attestation of the Secretary and Assistant Secretary; and each member shall win te, apposite his name, that of the county ot his residence; and when the said copies are so authenticated, the Secretary shall immedi- ately deposit one in the oflice of the Secre- tary of State, and the other in the office of the clerk of the Supreme Court, in the city of St. Louis, taking receipts therefor. Mr. Dkake, Chairman of the Revising Committee, submitted the following report: Mr. Peesidbnt: The, Revising Commit- tee, to whom was referred, the ordaining clause of the Constitution, beg leave to report the same back without amendment. CD. DRAKE, Chairman. Mr. Deakb moved that the article denom- inated the ordaining ordinance, be enrolled as part of the Constitution. ^ Mr. Williams of Scotland made the 'fol- lowing motion : Strike out the words "Almighty God," wherever they occur in the Constitution,! and insert the words • 'German, citizens, ' ' Whioli was declared out of order- Mr. BuNCs demanded, the previous ques- tion, which was sustained by the Conven- tion. The question being on the adoption of the oi-daining clause, the ayes and noes were de- manded by Mr. Switzleb; and the vote being taken, stood as follows: Ayes— Messrs. Adams, Barr Bonham, Bunce, Childress, Clover, Davis of Nodar way, Dodson. Drake, Esther , Evans, Polms- bee, Fulkerson. Gamble, Henderson, Hol- comb, Holland, Hume, King, Leonard, McKernan, McPherson, Mack, Rankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearin^en, Switzler, Weatherby, Williams of Caldwell, and Williams of Scot- land— 33. FRIDAY, March 31st, 1865. Noes — Messrs. Bedford, D'Oenoh, Hus- mann, Linton, Meyer, Rohrer, St. Gem, and Mr. President — 8. Abseht with Leave — Messrs. Budd, Bush, Foster, Gilbert of Platte, Holdsworth, Hughes, Martin, Morton, Newgent, and ThSenius— 10. Absent without Leave — ^Messrs. Davis of Mew Madrid, Ellis, Filley, Fletcher, Gil- strap, Grammer, Green, Nixdorf, and Owens — 9. Sick — Messrs. Cowden, Mitchell, and Peck— 3. Excused — Mr. Gilbert of Lawrence— 1 . So the article was adopted, and, under the rule, ordered to be referred to the EnrbUing Committee. On request of Mr. St. Gem, leave of ab- sence was granted him for one week. Mr. Dkake offered the following article on Miscellaneous Provisions, which was read the first and second time, and, on his motion, referred to the Committee on Miscellaneous Provisions : ARTICLE — . Miscellaneous Provisions. Section 1 . The General Assembly of the State shall never interfere with the primaiy disposal of the soil by the United States, nor witli any regulation i whicli Congress may find necessary for securing the title in such soil to ,th§ bona fide, purchasers. No tax shall be imposed on lands the property of the United States-, nor shall lands belong- ing to persons residing out of the limits of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State. Sec. 2. The Stat« shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said State, so far as the said river shall form a common boundary to this State and any other State which inay be bounded thereby; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether borderino; on qr within this State, shall be common highways, and forever free to the citizens of this State, and of the United States, without any tax, duty, import, or toll therefor, iinposed by the State. Sec. 3. All statute laws of this State, now in force; not inconsistent with this Constitu- tion, shall continue in force until they shall expire by their own limitation, or be amended or repealed by the General Assembly; and all writs, prosecutions, actions, and causes of action, except as herein otherwise pro- vided, shall continue; and all indictments 206 which shall have been found, or may here- after be found, for any crime or offense, committed before this Constitution takes effect, may be proceeded upon as if no change had taken place, except as hereinaf- ter specified. Sec. 4. No person shall be prosecuted in any civil action or criminai proceeding for, or on account of, any act by him done, per- formed, or executed, after the first day of January, one thousand eight hundred and sixty-one, by virtue of military authority, vested in him by the government of the United States, or that of this State, to do such act, or in pursuance of orders received by him from any person vested with such authority; and if any action, or proceeding, should have heretofore been, or shall hereafter be, instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof. Sec. 5. No person, who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry, a challenge therefor, or agree to go out of this State to fight a duel, shall hold any oflBce in this State. Sec. 6. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an account of the receipts and expenditures of the public money shall be annually published. Sec. 7. No person holding an olfice ot profit under the United States, shall, during his continuance in suchofiice, hold any office of profit under this State. Sec. 8. In the absence of any contrary provision, all officers, now or hereafter elected or appointed, shall hold office during their official term, and until their successors shall be duly elected or appointed, and quaified. Mr. Linton offered the following resolu- tion: Resolved, That we, the people of the State of Missouri, are grateful to Almighty God, the Sovereign Ruler of nations, for our State fovemment, our liberties, and our connec- on with the American Union, and acknowl- edge our dependence ujjon Him for the continuance of those blessings to us and our posterity. Mr. Smith of Mercer moved the previous question,^ which was sustained. Mr. Drake moved to postpone the resolu- tion indefinitely, and demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes— Messrs. Barr, Bonham, Bunce, Childress, Davis of Nodaway, Dodson, Drake, Esther, Evans, Folmsbee, Fulker- son, Gilbert of Lawrence, Henderson, Holland, Hume, Leonard, McPherson, Mack, Bankin, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, and Williams of Scotland— 25. Nobs- Messrs. Adams, Clover, D'Oenoh, Gamble, Gilstrap, Holcomb, Husmann, King, Linton, McKernan, Meyer, Rohrer, St. Gem, Switzler, Weatherby, and Mr. President J-16. Absent with Leave — Messrs. Budd, Bush, Foster, Gilbert of Platte, Holdsworth, Hughes, Martin, Morton, Newgent, ana Thfienius-10. Absent without IjEave — ^Messrs. Bed- ford, Davis of New Madrid, Ellis, Filley, Fletcher, Grammer, Green, Nixdorf, Owens, and Williams of Caldwell— 10. Sick— Messrs. Cowden, Mitchell, and Peck— 3. So the resolution was indefinitely post- poned. On motion of Mr. Davib of Nodaway, the article on Education was taken np. On request of Mr. Mbybk, Chairman of the Committee on Accounts, he was allowed to procure the printing of one hundred and fifty blank warrants, so as to enable him to make his final settlement with the members, officers, etc. , of this Convention. Mr. Childress offered the following amendment to the article on Education, which was adopted: Strike out the word "eighteen," in fifth line of first section, and insert in lieu thereof the words "twenty-one." Mr. Smith of Mercer offered the following amendment: Amend the second section by striking out, in the first line, the word "may, ' ' and in- sert in lieu thereof the word ' 'shaU. ' ' M?. Clover demanded the previous ques- tion, which was sustained. The question then being on adopting the amendment of Mr. Smith of Mercer, Mr. St. Gem demanded the ayes and noes thereon, and the vote being taken, stood as follows: Ayes— Messrs. Dodson, Gamble, Gilstrap, Rohrer, Smith of Mercer, Swearingen, Switz- ler, and Williams of Scotland— 8. Noes— Messrs. Adams, Bedford, Bon- ham, Childress, Clover, Davis of Nodaway, D'Oench, Drake, Esther, Evans, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holcomb, Holland, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson, Mack, Meyer, Kankin, St. Gem, Smith of Worth, Strong, Sutton, Weatherby, and Williams of CddweU— 32. Absent with Leave— Messrs. Budd, Bush, Foster, Gilbert of Platte, Holdsworth, Hughes, Martin, Morton, Newgent, and Thilenius— 10. Absent without Leave- Messrs. Barr, Bunce, Davis of New Madrid, Ellis, Filley, 207 Fletcher, Grammar, Green, Nixdorf, Owens, and Mr. President^ll. Sick— Messrs. Cowden, Mitchell, and Peck— 3. So the amendment was rejected. Mr. SwiTZLEK offered the following as a new section: Sec. — . AH moneys, including principal and interest, arising from the sales, which have been or hereafter may be made,' of any land granted by the United States to this State tor the use of a seminary of learning, and the proceeds of such land remaining un- sold, and all donations which may hereafter be made for that purpose, shall be and remain legally inviolate, and be appropriated to the seminary of learning (established for the promotion of literature and the arts and sdences, by an act of the General Assembly of this State, approved February 11, 1839), by the name of "The Curators of the Uni- versity of the State of Missouri, ' ' said semi- naiy being permanently located in the town of Columbia, and county of Boone. On motion of Mr. Gilbert of Lawrence, the Convention adjourned until half-past 2 o'clock P.M. AFTEENOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Drake offered the following resolu- tion: Resolved, That the following title be pre- fixed to the Constitution, to-wit: "Consti- tution of the State of Missouri, as revised, amended, and adopted in Convention, be- gun and held at the city of St. Louis, on the 6th day of January, one thousand eight hundred and sixty-five. ' ' Which was read the first and second time, and, on motion of Mr. Drake, the rules were suspended, the article read a third time, adopted, and referred to the Kevising Committee. The pending question, being the new sec- tion offered by Mr. Switzler to the article on Education, was called up, and the question being on the adoption of the section, Mr. Davis of Nodaway demanded the ayes and noes thereon, and the vote being taken, stood as foUows: Aybs — ^Messrs. Gilstrap, Swearingen, and Switzler — 3. Nobs — ^Messrs. Adams, Bedford, Bonham, Bunce, ChUdress, Clover, Davis of Noda- way, Dodson, Drake, Esther, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Green, Henderson, Holcomb, Holland, Hume, Husmann, Leonard, Linton, McKer- nan, McPherson, Mack, Meyer, Rankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Weatherby, WiUiams of Scotland, and Mr. President— 35. Absent with Leave — Messrs. Budd, Bush, Evans, Foster, Gilbert of Platte, Holdsworth, Hughes, Martin, Morton, New- gent, St. Gem, and ThUenius- 12. Absent without Leave— Messrs. Barr, Davis of New Madrid, D'Oench, EUis, Fil- ley, Fletcher, Grammer, King, Nixdorf, Owens, and Williams of Caldwell— 11. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the new section was rejected. Mr. Switzler offered the following amend- ment: Strike out all after the words "per annum, ' ' in the tenth line of section sixth. Mr. Krbkel offered the following as a substitute for the amendment of Mr. Switzler , which was adopted : Amend section sixth, line eighth, as follows: Strike out the word "said," and insert the words "the State." Amend sixth section, tenth hne, by_ striking out the words "may also," and insert the words ' 'all county school funds shall. ' ' Strike out the word "security," in the eleventh line, and add at the end of the section the words ' 'with additional personal security. ' ' On motion, the substitute was adopted. Mr. Husmann offered the following amendment, which was rejected: Amend by striking out section four. Mr. Holland offered the following amend- ment, which was adopted: Amend by striking out the words ' 'bearing not less than six per centum interest per annum," in ninth and tenth lines, section sixth. Mr. Holcomb offered the following amend- ment, which was adopted: Amend section second by striking out the word "just," in the third line; also, aU between the word ' 'children, ' ' in third line, and the word ' 'vrithout, ' ' in the fourth line. Mr. Smith of Worth offered the following amendment: Strike out the first clause of section seventh, down to the word ' 'the, " in the fourth line. Mr. Srekbl offered the following as a substitute for the amendment of Mr. Smith of Worth: four, ' ' and insert Strike out the word ' ' 'three' ' in lieu thereof. Mr. Weatherby resolution: offered the following 20.8 Resolved, Tbat the Convention 'will here- after hold nig-ht sessions, commencing at half-past 7 o'clock. Which was laid over under the rules. On request of Mr. Husmaiw, he wa« relieved from further duty on the Engrossing Committee. On motion of Mr. Gilstkap, the Conven- tion adjourned until 9 o'clock to-morrow morning. SEVEISTTY-FIRST D^Y. Convention met pm-suant to adjournment, the President in the chair. Mr. FoLMSBEE presented a petition from P. T. Kenney, asking the Convention to pass an ordinance enabling jjersons suffering loss from stock killed on the Hannibal and St. Joseph railroad, to prosecute their claims before a local justice of the peace, and making process served on the nearest agent of said railroad company, sufficient notice to the company, to bring the party into court; also, praying that said^ railroad company may be required to fence in its road. The petition was i-ead for informa- tion and laid on the table. Mr. Bare, Chairman of the Military Com- mittee, presented the following report, with an accompanying ordinance : Mk. Pbksident : Your committee, to whom was referred the ordinance respecting the organization of the Missouri militia, have had the same under consideration, arid beg leave to offer the following new ordi- nance, and respectfully recommend its adop- tion. A. J. BARR, Chairman of Committee. AN ORDINANCE FOB THE ORGANIZATION AND GOVERNMENT OF THE MISSOURI MILITIA. Be it 07-dain6d by the People of the State of Missouri, in Convention assembled, as fol- SectionI. All able-bodied male inhabi- tants of the State of Missouri shall be liable to military duty under this ordinance, except as is hereinafter provided, and, when organ- ized, shall constitute and be known and designated as the • 'Missouri Militia. ' ' Sec. 2. Persons over the age of forty-five years, and under the age of eighteen years; United States mail carriers, when actually employed as such; United States and State ofiicei's; one miller to each public mUl, and an engineer for the same, when actually em- ployed in said capacity; teachers of public schools; ministers of the gospel; regular practicing physicians and railroad employes, shall be exempt from duty in the militia, and SATURDAY, Apeu, 1st, 1865. shall be entitled to and receive from the en- rolling officer a certificate to that effect, on producing to said enrolling officer satis- factory evidence of their respective avoca- tions or employments. Sec. 3. There shall be an enrolling officer for each county, with the rank of a lieutenant, appointed by the commanding officer of each sub-district, wliose duty it shall be to enroll all persons in said county, liable to do mili- tary duty, once in each year. Sec. \. Tlie militia, as soon as enrolled, shall be organized into platoons, companies, regiments and brigades. A platoon shall be composed of not less than thirty-four nor more than fifty privates, two sergeants, four corporals, and one lieutenant. A company shall consist of the number of men. commis- sioned and non-commissioned officers, pre- scribed by the revised regulations of the army of the United States. A regiment shall consist of eight companies or more, with the number of field and staff officers prescribed by armj' regulations, for the particular branch of service to which it raaj be asssigned. A brigade shaU consist of three or more regiments. Sec. 5. Platoons and companies, as soon as organized, shall elect their own officers, who shall, before being commissioned by the Governor, take and subscribe the oath prescribed in ai'ticle — , section — , of the Constitution of the State of Missouri. Sec. G. The Governor shall nominate, and by and with the advice and consent of the Senate appoint, two brigadier generals, and as many colonels, lieutenant colonels and majors, as may be necessary for properly disciplining and governing the force organ- ized under this ordinance: Provided, however. That the officers and men thus commissioned and organized shall not be entitled to nor re- ceive any pay, rations or emoluments, when not in actual service. Sec. 7. The part of the State north of the Missouri river, shall be known as the ' 'First Military District. ' ' and the part of the State south of said river simll be known as tlie ' 'Second Military District;" which shall be divided into ^such sub-districts as, in ttifi judgment of the commander-in-chief, the good of the service may require. Sec. 8. The staff' of general officers shaU be the same as for the time maybe prescribed 209 by regulations of the United States army, or orders of tlie WarDeijartment, governing appointments of otHcers of the same grade iu the United States service, all of whom shall be detailed from the line of the command of the oflicer to whose staff they are attached. Sec. 9. The staff of the commander-in- chief shall be: an adjutant general, with the rank and pay of colonel of cavalry; a quar- termaster general, an inspector general, and a commissary general, each with the rank and pay of a colonel of cavalry; a paymaster general, with the rank and pay of lieutenant colonel of infantry; a surgeon general, with the rank and pay of colonel of infantry; a judge advocate general, with the rank and pay of lieutenant colonel of infantry; three aides-de-camp, with the rank and: pay of major of infantry. He may detail, from the line and lield officers of any regiment, such officers as he may deem proper, and assign them to duty on his staff. Sec. 10. It shall be lawful for the com- mander-in-chief to call into service such platoons, companies, or regiments, as the safety and peace of the State may require and to issue such instructions as may be necessary to insure strict discipline and familiarity in drill. Sec. 11. The publication of the proclama- tion of his excellency the Governor shall be deemed sufficient notice to all persons subject to military duty to report to their respective commanding officers for active service. Sec. 12. The articles of war and ai-my regulations, as published by authority of the War Department of the United States, shall be observed by the Missouri riiilitia in every particular not otherwise provided by this ordinance; and the manner of drill shall be such as is prescribed in the tactics adopted by the United States army . Sec. 13. Whenever the militia, or any part of it, is called into service, the inspec- tor general, or his assistants, shall muster such force into the service on the rolls of the platoon, one of which rolls shall be retained by the commanding officer of the platoon , one copy shall be returned to the adjutant general of the State, and (me copy to the district headquarters. He shall administer, to each platoon separatelv, the following oath : "You, and each of you, do solemnly swear that you will support, protect and defend the United States and the State of Missouri, and the constitution and laws thereof, ag^ainst all their enemies; that you will assist in enforcing the laws, and will obey all lawful orders of the officers having authority to command you whilst in the service; so help you God." And any person, subject to military duty, who shall refuse to take said oath, shall be considered and treated as a prisoner of war. Sec. 14. The physician, or surgeon, who shall be appointed by the surgeon general to examine persons claiming exemption, shall give to every person exempted by him a certificate, and shall return, to the office M of the adjutant of the district, within five days after the close of each of his sittings for that purpose, a complete list of all persons so exempted. The physician, or surgeon, so employed, shall receive the pay of a major of infantry wliile actually engaged in such service. Sec. 15. Any physician, or surgeon, au- thorized by the provisions of this ordinance to issue certfficates of exemption, who shall fraudulently issue any such certificates, shall be liable to a fine of not less than five hun- dred dollars, to be recovered by indictment before the circuit court of the proper county, except St. Louis county, where the indict- ment shall be before the criminal court. Sec. 10. Every person who neglects or refuses to enroll himself shall pay the sum of twenty dollars, to be levied upon his goods and chattels, by order of the com- manding officer of the district, and may be imprisoned, or put at hard labor, by said officer, until said fine is paid, and shall then be enrolled and assigned to such platoon or company as the commanding officer of the district may direct ; and any ^person duly enrolled, and liable to militia ser- vice, who shall refuse or neglect to perform such service, shall pay a fine of five dollars per day for every day he fails to render such service, after having been thereto required by his officers; and in addition thereto, such delinquent shall be subject to arrest, trial and punishment, within the dis- cretion of a court martial; and nothing in this section shall be construed to exempt any man from military service. Sec. 17. The commanding officer of each platoon or company shall certify to the com- manding officer of the battalion to which he is attached, a list of all persons liable to fine under the provisions of this ordinance, with the number of days each person has neg- lected or refused to do duty, which list shall be, by the commanding officer of the bat- talion, certified to the clerk of the circuit court of the county, t;en days before the next term of the said court, who shall place a copy of said list in a conspicuous place in his office, at least five days before the first day of the term. Sec. 18. It shall be lawful for the circuit court to render a judgment and award an execution against each person named in said lists for the sum due by him, and costs, which shall be collected as other fines. The sheriff of the county may collect all sums due in said hsts before judgment, and shall pay over the same to the State treasury, to the credit of the Union military fund. He shall certify to the commanding officer of the district the names of all persons who tail to pay the amount stated against thetn in said lists, or who have no property whereof to levy such execution. And the commanding officer of the district shall arrest and put at labor the persons mentioned in the last-named lists, until the amounts due by them are paid. And it shall be the duty of the circuit attorney of the proper county to prosecute 210 ail such matters as shall come before the said court by virtue of this section. Sec. 19. The sum of fifty cents per day shall be reckoned to every person put at labor under the provisions of this ordinance, until the tine or penalty due by him is fully paid . Sj5C. 20. The uniform of the Missouri militia shall be the same as prescribed by the United States army regulations for the army of the United States, until otherwise ordered by the commander-in-chief. Sec. 21. All officers, when on duty, shall wear the uniform of their rank, and no person, not in the militarj^ service of the State or the United States, shall wear any insignia of rank, or any part of uniform', under a penalty of twenty dollars for every offense, to be recovered by suit and suramarj' trial before any justice of the peace. Sec. 22. The pay of the militia shall be the same, for ofKcers and men, as allowed for the same by the United States to officers and soldiers, and fifty cents for each day's service of his horse, when he is mounted. Sec. 23. All taxes levied and collected for military purposes, and all fines imposed upon militiamen by this ordinance; all proceeds of the sale of contraband or cap- tured property, seized or captured by the militia, and all other appropriations and levies made for the benefit of the militia, shall likewise be paid into the treasury, to the ci-edit of the Union military fund. Out of such fund shall be paid, first, all sums now due the enrolled Missouri militia for services rendered , and Union militarj' bonds now outstanding or hereafter issued; and second, all expenses incurred according to law and audited by the proper officers, and .appropriations for militai'y purposes, as other claims against the State. Sec. 24. The Governor of the State shall lay before the General Assembly, at each regular session thereof, a report of the moneys expended for militia purposes, and an estimate of the funds necessary for support of the militia for the next two years. Sec. 25. The commander-in-chief may assign to duty as paymasters, such officers as may to him seem proper — not exceeding four in number — with the rank and pay of majors of infantry, and require them, before entering upon the discharge of the duties of their office, to execute a bond, in a sum and with such securities as he shall order, conditioned for the faithful performance of their duty. Sac. 26. Any officer, civil or military, who may refuse to account for and pay over, according to law, any moneys or property coming to his hands, belonging to the militia fund, shall, upon conviction thereof, in the circuit or criminal court, on indictment, be sentenced to imprisonment in the penitentiaiy for a term of not less than five nor more than ten years. Sec. 27. Courts martial shall be constituted and shall proceed in all cases, and be gov- erned by the laws and regulations, as are prescribed for the United States army. Sec. 28. The General Assembly of this State shall provide the ways and means for the payment of the Missouri mihtia. Sec. 29. An act entitled "An act for the organization and government of the Missouri militia, " approved February 10, 1865, and all other acts or parts of acts, inconsistent with the provisions of this ordinance, are hereby abrogated. The ordinance was read the first and second time, and ordered to be printed. On request of Mr. Fletchbk, leave of absence was granted him for five days. Mr. Stkong, chairman of the Engrossing Committee, reported the article on Eight of Suffrage as con-ectly engrossed. On motion of Mr. GiLSTEAr, the ordi- nance defining the number of judicial cir- cuits of Missouri, was taken up. Mr. GiLSTKAr offered the following amend- ment thereto: Amend the ordinance by striking out the second, third, fourth, fifth, .'ixth, and seventh organizations of judicial circuits, and insert the tollo wing: Section — . The second judicial circuit shall consist of the counties of St. Charles, Warren, Montgomery, and Callaway; the third judicial circuit shall consist of the counties of Pike, Lincoln, Audrain, Boone, and Howard; the fourth judicial circuit shall consist of the counties of Marion, Lewis, Clark, Ealls, and Monroe; the fifth judicial circuit shall consist of the counties of Macon, Randolph, Adair, Shelby, Knox, Scotland, and Schuyler; the sixth judicial circuit shall consist ot the counties of ; the seventh judicial circuit shall consist of the counties of- — ; the eighth judicial circuit shall con- sist of the counties of ■. On motion of Mr. Baeu, the ordinance on Judicial Circuits, with the amendment thereto offered by Mr. Gilstrap, was referred back to the Committee on Judicial Circuits. Mr. Williams of Caldwell moved that the Committee on Districting the State into Judi- cial Circuits be discharged from the further consideration of the subject. Mr. moved the previous question, which was sustained. The question then being upon agreeing to the motion of Mr. Williams of Caldwell, he demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Bunce, Childress, Clover, Dodson. D'Oench, Esther, Evans, Folmsbeo, Fulkerson, Gilbert of Lawrence, Gilstrap, Holcomb, Holdsworth, Linton, McKcrnan, Mack, Meyer, Rankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearingen, Switzler, Weatherbyi Williams of Caldwell, and Mr. President^29. 211 Noes — Messrs. Adams, Bedford, Davis of Nodaway, Drake, Gamble, Holland, Hume, King, and MoPherson — 9. Absisnt with Leave — Messrs. Bush, Fletcher, Foster, Gilbert of Platte, Hughes, Hiismann, Morton, Newgent, St. Gem, and Thilenius— 10. Absent without Leave — ^Messrs. Budd, Davis of New Madrid, Ellis, Filley, Gram- mer. Green, Henderson, Leonard, Martin. Nixdorf, Owens, Smith of Worth, and Wil- liams of Scotland — 13. Sick — Messrs. Cowdcn, Mitchell, and Peck— 3. So the motion was agreed to, and the com- mittee discharged from further consideration of the subject of districting the State into judicial circuits. On motion of Mr. Steong, the article on Right of Suffrage, as reported back from the Engrossing Con)mittee, was taken up. Mr. PoLMSBEE offered the following amendment: Amend section ninth by inserting, in the fifth line, after the word "to," the words ' 'teach or preach, or. " On motion of Mr. Drake, the Convention adjourned until half-past 2 o'clock P.M. AFTEENOON SESSION. The Convention met pursuant to adjourn- ment, the Vice President in the chair. On motion of Mr. Folmsbbe, a call of the house was ordered, and the following mem- bers responded to their names : Messrs. Adams, Barr. Bonham, Bunce, Childress, Davis of Nodaway, Dodson, Drake, Ellis, Esther, Evans, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Holcomb, Holdswortli, Holland, Hume, King, Leonard, Linton, McKernan, Mc- Pherson, Mack, Rankin, Rohrer, Smith of Mercer. Smith of Worth, Sutton, Weatherby, Williams ol Caldwell, and Williams of Scot- land — 33. Absent with Leavk — Messrs. Fletcher, Foster, Gilbert of Platte. Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius —9. Absent without Leave — ^Messrs. Bed- ford, Budd. Bush, Clover, Davis of New Madrid, D'Oeuch, Filley, Gilstrap, Gram- mer. Green, Henderson, Martin, Meyer, Nixdorf. Owen, Strong, Swearingen, Switz- ler, and Mr. Presidenl^-19. Sick — Messrs. Cowden, Mitchell, and Peck— 3. A quorum being present, on motion of Mr. Folmsbee,, further proceedings under ^he call were dispensed with. On motion of Mr. Mack, leave of absence was granted to Mr. Rankin for ten days. The article on the Right of Suffrage was taken up ; and the question being on the adoption of Mr. Folmsbee's amendment to section nine, by inserting in the flftii line, after the word "to," the words "teach or preach, or," Mr. HoLCOJtB demanded the ayes and noes thereon; and the vote being taken, stood as follows : AYKS^Messrs. Adams, Bonham, Bunce, Childress, Davis of Nodaway, Dodson, Ellis, Esther, Evans, Folmsbee, Gilbert of Law- rence, Holcomb, Holdsworth, Holland, Hume, Leonard, Rankin, Rohrer, Smitli of Mercer, Smith of Worth, Strong. Sutton, Weatherby, Williams of Caldwell, and Wil- liams of Scotland— 25. Noes — Messrs. Barr, Drake, Fulkerson, Gamble, Henderson, King, Linton, Mo- Pherson, Swearingen, and Switzler — 10. Absent with Leave — Messrs. Bush. Fletcher, Foster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius — 10. Absent without Leave — Messrs. Bed- ford, Budd, Clover, Davis of New Madrid., D'Oench, Filley, Gilstrap, Gramuier, Green, MoKernan, Mack, Martin, Meyer, Nixdorf, Owens, and Mr. President — 16. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the amendment was adopted. Mr. Evans offered the following amend- ment: Amend section eighteenth by stiildng out the following words: ' 'and every male per- son of foreign birth, who may have declared his intention to become a citizen of the United StaJ'es, according to law, not less than one j'ear, nor more than five years, before he offers to vote, who is. " Mr. Holcomb moved the previous question, which was sustained. The question then being on the adoption of the amendment of Mr. Evans, Mr. Bonham demanded the ayes and noes there- on; and the vote being taken, stood as follows : Ayes— Messrs. Bunce, Childress, Esther, Evans, Gamble, Hume, Mack, Rankin, Smith of Mercer, Strong, Sutton, Swearin- gen, Switzler, and Williams of Scotland — 14. NOKS — Messrs. Barr, Bonham, Davis of Nodaway, Dodson, Drake, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holcomb, Holdsworth, Holland, King, Leonard, Linton, McKernan, McPherson, Meyer, Rohrer, Smith of Wortb, Weatherby ^ and Williams of Caldwell— 22. Absent with Leave — Messrs. Bush, Fletcher, Poster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius— 10. 212 Absent without Leave— Messrs . Adams , Bedford, Budd. Clover, Davis of New Madrid, D'Oenoh, EHis, Filiey, Gilstrap, Grammer, Green, Martin, Nixdorf, Owens, and Mr. President — 15. Sick — Messrs. Cowden, Mitchell, and Peck--3. So tlie amendment was rejected. Mr. Draxb offered the following amend- ment, which was adopted: Amend section one by striking out the word "twentietli," and inserting in lieu thereof the word ' 'twenty-flrst. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend, on page six, line ten, by striking out the word ' 'said. ' ' Mr. Strokg offered the following amend- ment, which was adopted; Amend, on page nine, line thirteen, by inserting the word ' 'white' ' before the word ' 'male. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend, ou page ten, line four, by striking out the word ' 'twentieth, ' ' and inserting in lieu thereof the word ' 'twenty-first. ' ' Mr. Drake offered the following amend- ment, which was read: Amend, on page three, lines eighteen, nineteen, twentj^, and twenty-one, by striking out the words ' 'or in any common or other schools; or of holding any real estate or other property in trust fOr the use of any church, religious society, or congre- gation;" aud inserting in lieu thereof the words ' 'incorporated by or under any law of this State ; or of teaching in any common or other school, which is sustained, in whole or in part, bv funds provided by law. ' ' Mr. Drake moved the previous question, which was sustained. The question then being on adopting the amendment of Mr. Drake, Mr. Holland demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Messrs. Bonham, Bush, Clover, Davis of Nodaway, Drake, Evans, Gamble, Henderson, Linton, McKernan, McPherson, Meyer, Rohrer, and Switzler— 14. iJoES— Messrs. Barr, Bunce, Childress, Dodson, Esther, Folmsbee, Fulkerson, Gil- bert of Lawrence, Holcomb, Holdsworth, Holland, Hume, King, Leonard, Smith of Mercer, Smith of Worth. Strong, Sutton, Swearingen, Weatherby, Williams of Cald- well, and Williams of Scotland— 22. Absent with Leave— Messrs. Fletcher, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, and Thilenius — 9. Absent without Leave- Messrs. Adams, Bedford, Budd, Davis of New Madrid, D'Oench, Ellis. Filiey, Gilstrap, Grammer, Green, Mack, Martin, Nixdorf, Owens, E-ankin, and Mr. President — 16. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the amendment was not adopted . On motion of Mr. Drake, the article on Right of Suffrage was read the third time, and the question being upon its adoption, Mr. Drake demanded the ayes and noes thereon ; and the vote being taken , stood as follows : Ayes — Messrs. Barr, Bonham, Bunce, Childress, Clover, Davis of Nodaway. Dod- son, Drake. Esther, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, I-eon- ard, McKernan, McPherson, Mack, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen. Weatherby, Williams of Cald- well, and Williams of Scotland — 30. Noes — Messrs. Bedford, Bush, Holcomb, Linton, Meyer, Rohrer, and Switzler — 7. Absent ^vtth Leave— Messrs. Evans, Fletcher, Foster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius — 10. Absent without Leave — Messrs. Adams, Budd, Davis of New Madrid, D'Oench, Ellis, Filiey, Gilstrap, Grammer, Green, Martin, Nixdorf, Owens, Rankin, and Mr. President. — 14. Sick — Messrs. Cowden, Mitchell, and Peck— 3. So the article was adopted and referred to the Revising Committee. Mr. Holcomb moved to adjourn, on which motion Mr. Davis of Nodaway de- manded the ayes and noes; and the vote being taken , stood as follows : Ayes — Messrs. Bedford, Holcomb, Meyer, Rohrer, Smith of Mercer, Smith of Worth, and Switzler — 7. Noes — Messrs. Barr, Bonham, Bunce. Childress, Clover, Davis of Nodaway, Dod- son, Drake, Esther, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holds- worth, Holland, Hume, King, Leonard, Linton, McKernan, McPherson, Mack, Strong, Sutton, Swearingen, Weatherby. Williams of Caldwell, and Williams of Scot- land— 28. Absent with Leave — Messrs. Evans. Fletcher, Foster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius— 10. Absent without Leave — Jlessrs. Adams, Budd, Bush. Da^is of New Madrid, D'Oench, Ellis, Filiey, Folmsbee, Gilstrap, Grammer, Green, Martin, Nixdorf, Owens, Rankin, and Mr. President — 16. Sick — Messrs. Cowden, Mitchell, and Peck— 3. 213 So the Convention refused to adjourn. On motion of Mr. Drake, the article on Declaration of Eighth was taken up. Mr. Linton moved to amend the same by striking out section thirteen. Mr. Wbathbkby moved the previous ques- tion, •which was sustained. The vote was then taken on Mr. Linton's motion to strike out section thirteen, and the motion was rejected. Mr. HoHRER moved a call ol the house, which was not sustained. Ml-. 'Weathekby called up his resolution providing for night sessions; pending the consideration of which, on motion of Mr. Drake, the Convention adjourned until Monday morning next at 9 o'clock. SEVEHSTTY-SEOOND D^Y. Convention met pursuant to adjournment, the Vice President in the chair. Mr. Strong, chairman of the Engrossing- Committee, reported the article on Legisla- tive Department correctly engrossed. Mr. GiLSTRAP, from the Committee on the Judicial Depai'tment, made the following i-eport : Mr. President: The Committee on the Judiciary, having had the ordinance under consideration entitled ' 'An ordinance pro- vidiiigforthepunishmentpf crimes," the ma- jority of the committee have instructed me to report the same hack and recommend its passage. The ordinance has been printed and laid upon the table of members for several days, and must be fully understood; to which consideration the committee refer the argument in support of this ordinance. All of which is respectfully submitted. A. L. GILSTRAP, Acting Chairman. The ordinauce referred 'to is set forth at large in the journal of the sixtieth day. On motion of Mr. Smith of Mercer, the article on Education was taken up . Mr. Smith of Mercer offered the following amendment thereto : Amend by striking out section two, and insert, as a substitute, the following: White children, and children of African dsceut, shall not be taught in the same schools; but separate schools may be established for children of African descent. All funds pro- vided for the support of public schools shall be appropriated in proportion to the number of children between the ages of five and tweety-one yeai's, without regard to color. Upon this question Mr. Drake demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — ^Messrs. Bunce, Childress, Dodson, Esther, Folmsbee, Fulkerson, Gamble, MONDAY, April 3d, 1865. Gilstrap, Holdsworth. McPherson, Mack, Smith of Mercer, Strong, Sutton, Swear- ingen, and Switzler — 16. JNOBS — Messrs. Bonham, Budd, Bush, Davis of Nodaway, Drake, Filley, Gilbert ol Lawrence, Henderson, Holco'mb, Hol- land, Hume, King, Leonard, McKernan, Meyer, Rohrer. Smith of Worth, Weatherby, Williams of Caldwell, and Williams of Scot- land— 20. Absent with Lwave — Messrs. Evans, Foster, Gilbert of Platte, Husmann, Mor- ton, Newgent, Nixdorf, Rankin, St. Gem, and Thilenius — 10. Absent without Leave — Messrs. Adams, Bedford, Clover, Davis of New Madrid, D'Oench, Fletcher, Grammer, Green, Hughes, Linton, Mai-tin, Owens, and Mr. President — 13. Sick — Messrs. Barr, Cowden, Ellis, Mitchell, and Peck— 5. So the amendment was rejected. Mr. Bonham offered the foUo-sving as a new section: In case the public school fund shall be in- sufficient to support a free school at least six months in each school year, in the several school districts in this State, the Legislature shall provide by law for the raising of such deficiency by taxation on all the taxable property in each county, municipal town- ship, or schools district, as they shall deem proper. On which, Mr. Bonham demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Bonham. Bush, Childress, Davis of Nodaway, Drake, Filley, Fulkerson, Gilbert of Lawrence, Holcomb, McKernan, Smith of Worth, Strong, and Weatherby— 13. Noes — Messrs. Budd, Bmice, Dodson, D'Oench, Esther, Folmsbee, Gamble, Gil- strap, Henderson, Holdsworth, Holland, Hume, King, Leonard, McPherson, Mack, Rohrer, Smith of Mercer, Sutton, Swearin- 214 gen, Switzler, Williams of Caldwell, and Williams of Scotland— 23. Absent with Lbave — Messrs. Evans, Foster, Gilbert of Platte, Husmann, Morton, Newgent, ^ixdorf, Rankin, St. Gem, and Thilenius — 10. Absent without Leave — Messrs. Adams, Bedford, Clover, Davis of New Madrid, Fletcher, Gi'ammer, Green, Hughes, Linton, Martin, Meyer, Owens, and Mr. President —13. Sick — Messrs. Barr, Cowden, EUis, Mitchell, and Peck — 5. So the new section was rejected. Mr. Gamble was appointed on the Engrossing Committee in place of Mr. Husmann. Mr. Strong ofiered the following amend- ment: Add, as a new section, the following: In case the public school fund shall be insuffi- cient to sustain a free school at least four months in every year, in each school district in this State, "tiie General Assembly may provide, by law, for the raising of such deficiencjr, by levying a tax on all the taxable property in each county, township, or school district, as they may deem proper. Mr. Smith of Mercer demanded the pre- vious question, which was sustained. The question th^n being on the adoption of the new section offered by Mr. Strongi Mr. BoNHAM demanded the ayes and noes thereon ; and the vote being taken, stood as follows; Ayes — Messrs. Boiiham, Childress, Davis of Nodaway. Drake, Filley, Folmsbee, Ful- kerson. Gamble, Gilbert of Lawrence, Hol- comb, Holds worth, MoKernan, WcPherson, Mack, Smith of Worth, Strong, Sutton, Swearingen, Switzler, Weatherby, and Wil- liams of Caldwell — 21. Nobs— Messrs. Budd, Bunce, Bush, Dod- son. D'Oench, Esther, GUstrap, Plenderson, Holland, Hume, King, Leonard, Eohrer. Smith of Mercer, and Williams of Scotland —15. Absent with Leave — Messrs. Evans, Fos- ter, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, Nixdorf, Eankin, St. Gem , and Thilenius— 11 . Absent without Leave — ^Messrs. Adams. Bedford, Clover, Davis of New Madrid, Fletcher, Grammer, Green, Linton, Mar- tin, Meyer, Owens, and Mr. President — 12. Sick — Messrs. Barr,' Cowden, Ellis, Mitchell, and Peck — 5. So the new section was adopted. The fall of Richmond being announced by Mr. Drake, Mr. Linton moved to adjourn, on which motion Mr. Bonham demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Budd, Bush, Dodson, D'Oench, Esther, Folmsbee, Henderson, Holdswoi-th, Leonard, Linton, Rohrer, Smith of Mercer, Smith of Worth, Swear- ingen, and Switzler — 15. Noes— -Messrs Bonliam. Bunce, Childress, Clover, Davis of Nodaway, Drake, Filley, Fulkerson, Gamble, Gilbert of La«iencc, Holeorab, Holland, Hume, King, McPher- son. Mack, Strong, Sutton, Weatherby, Williams of Caldwell, and Williams of Scot- land — 21. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, McKernan, Morton, Newgent, Nix- dorf, Rankin, St. Gem, and Thilenius — 12. Absent without Leave — ^Messrs. Adams, Bedford, Davis of New Madrid, Fletcher, Gilstrap, Grammer, Green, Martin, Meyer, Owens, and Mr. President — 11. Sick — Messrs. Barr, Cowden, Ellis, Mitchell, and Peck — 5. So the Convention refused to adjourn. Mr. Gilstrap declined serving on the Finance Committee. Mr. Smith of Worth called up the amend- ment offered by him on Fridaj^, to strike out the first clause of section seven, down to the word ' "the, ' ' in the fourth line. The substitute for the same, offered by Mr. Krekel, was declared out of order. The question then being on the amend- ment of Mr. Smith of Worth, he demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes— Messrs. Bush, Cliildress. Esther, Gilbert of Lawrence, Gilstrap, Henderson, Linton, Mack, Smith of Mercer, Smith of Worth, Sutton, Swearingen, Switzler, Weatherby, Williams of Caldwell, and WU- liams of Scotland— IG. Noes — Messrs;. Bonham, Budd, Bunce, Clover, Davis of Nodaway, DOench, Drake, FUley, Fulkerson, Gamble, Holcomb, Hol- land,' HunM", King, Leonard, McKernan, McPherson, Rohrer, and Strong — 19. Absent with Lkave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Martin, Morton, Newgen't, Nixdorf, Rankin, St. Gem, and Thilenius — 12. Absent without Lkave — ^Messrs. Adams, Bedford, Davis of New Madrid, Dodson, Fletcher, Folmsbee, Grammer, Green, Holdsworth, Meyer, Owens, and Mr. Presi- dent— 12. Sick— Messrs. Barr, Cowden, Ellis, Miteli- ell. and Peck — 5. So the amendment was rejected. Mr. Bonham moved to strike out the word "four,'' and insert the word "three," in section seven, line three; wliich was adopted. Mr. Holcomb offered the following amend- ment, which was adopted: 215 Amend by inserting "State oi-" between tlie words "the" and "United States," in third line. Mr. Weatherby moved to adjourn, on which motion Mr. Holland demanded the ayes and noes; and the vote being taken, stood as follows : Ayks— Messi's. Bedford, Bush, Folmsbee, Henderson, Holdswortli, IJnton, Eohrer, Smith of Meroer, Switjtlcr, and Weatherbv —10. Noes — Messrs. Bonham, Budd, Bunco, Childress, Clover, Davis of Nodaway, Dod- son, D'Oeneh, Dnike, Esther, Filley, Ful- kerson. Gamble, Gilbert of Lawrence, Gil- strap, Holconib, Holland, Hume, King, Leonard, McKernan, McPherson, Mack, Smith of Worth, Strong, Sutton, Swear- ingen, Williams of Caldwell, and Williams of Scotland — 29. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Plughes, Hua- mann, Morton, Newgent, Nixdorf, Rankin, St. Gem, and Thilenius -11 . Absent without Lkavk — Messrs. Adams, Davis of New Madrid, Fletcher, Grammer, Green, Martin, Meyer, Owens, and Mr. President — 9. aiCK — Messrs. Barr, Cowden, Ellis, Mitchell, and Peck — 5. So the Convention refused to adjourn. Mr. HoLCOMB offered the following amend- ment : Amend section eight by striking out all after the word ' ' for, ' ' in the fourth line, up to the word ' ' and, ' ' in the seventh line; and insert the word ' ' shall , ' ' between the words ' ' and' ' and ' ' make, ' ' in the seventh line. On this question Mr. Bonham demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Bunce. Bush, Dodson, Esther, Fulkerson, Gamble, Holcomb, Holdsworth. Hume, Leonard, Linton, Eohrer, Smith of Mercer. Smith of Worth, Swearingen, Williams of Caldwell, and Wil- liams of Scotland- — 17. Noes — Messrs. Bedford, Bonham, Budd, Childress. Clover, Davis of Nodaway, Drake, Filley, Folmsbee,, Gilbert of Lawrence, Henderson, Holland, King, McKernan, Mc- Pherson, Mack. Strong, Sutton, Switzler, and Weatherby— 20. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes. Hus- mann, Morton, Newgent, Nixdorf, Rankin, St. Gem, and Thilenius — 11. Absent without Leave — Messrs. Adams, Davis of New Madrid. D'Oeneh. Fletcher, Gilstrap, Grammer, Green, Martin, Meyer, Owens, and Mr. President — 11. Sick — Messrs. Barr, Cowden, Ellis, Mitchell, and Peck— 5. So the amendment was not agreed to. On motion of Mr. Weatherby, the Con- vention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Drake, chairman of the Revising Committee, made the following report: Mk. President: The Revising Commit- tee, to whom was referred the title of the Constitution, beg leave to report the same back without amendment. CD. DRAKE, Chairman. The title was then put on its final reading, and was adopted and ordered to be enrolled as a part of the Constitution. Mr. Drake offered the following resolu- tion, which was adopted : Resolved, That the ordinance passed by this Convention, entitled "An ordinance to protect emancipated negroes from appren- ticeship," be enrolled and signed by the President, and attested by the Secretary, and deposited in the office of the Secretar}' of State. Ml'. Drake. Chairman of llie Revising Committee, made the following report: Mr. President: The Revising Committee, to whom was referred the article on the Right of SuflEVage. beg leave to report the same back without amendment. CD. DRAKE, Chairman. Mr. LixTON offered the following amend- ment to said article : Insert, after the word ' 'law, ' ' in the fourtii line of ninth section, ' 'nor publish or edit a newspaper; nor pursue any avocation re- quiring tlie license of this State, or of the United States." Mr. Drake moved to reject the amend- ment, and demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes— Messrs. Barr, Budd, Bunce, Chil- dress, Clover, Davis of Nodaway, Dodson, Drake, Filley, Fulkerson, Gilbert of Law- rence, Henderson, Hume, King, Leonard, McKernan, McPherson, Mack, Rankin, Sti-ong, Sutton, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 25. Noes — Messrs. Esther, Gamble, Holcomb, Holdsworth, Holland, Linton, Rohrer, Smith of Mercer, Smith of Worth, and Swearingen — 10. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte. Hughes, Husmann, Morton, Newgent, Nixdorf, St. Gem, and, Thilenius^lO. 216 Absent without Leave — ^Messrs. Adams, Bedford, Bonhaui. Bush, Davis of New Madrid, D'Oench, Fletcher, Folmsbee, Gil- strap, Grammer, Green, Martia Meyer, Owens, and Switzler — 15. Sick— Messrs. Cowden, Ellis. Mitchell, and Peck — 4. So the amendment was rejected. Mr. Drake moved tliat the article on the Eight of Suffrage be enrolled as a part of the Constitution, and moved the previous question thereon, which was sustained. The question then being on the enrollment of said article, Mr. Davis of Noda way- demanded the ayes and noes; and the vote being taken, stood as follows; Ayes— Messrs. Barr, Budd, Bunce, Chil- dress, Davis of Nodaway, Dodson, Drake, Esther, Filley, Fulkersoa, Gilbert of Law- rence, Henderson. Holdsworth, Holland, Hume, King, Leonard, McKernan, MoPher- son, Mack, Baakin, Smith of Wortli, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Williams of Scotland— 28. Noes — Messrs. Clover, Gamble, Gilstrap, Holcomb, Linton, JRohrer, Smith of Mercer, and Mr. President — 8. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Grammer, Green, Hughes, Husmann, Morton, Newgent, N"ix- dorf, St. Gem, and Thilenius^l2. Sick — Messrs. Cowden, Ellis, Mitchell, and Peck — i. Absent withoot Leave — Messrs. Adams, Bedford, Bonham, Bush, Davis of New Madrid, D'Oench, Fletcher, Folmsbee, Martin, Meyer, Owens, and Switzler— 12. So the article was ordered to be enrolled as a part of the Constitution. On motion of Mr. Dkake, the Article on Legislative Department was taken up. Mr. Drake offei'ed the following amend- ment, which was adopted: Amend, on page one, line six, by insert- ing the word ' 'and' ' before the word ' 'ap- pointed. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend, on page two, lines twenty and twenty-one, by striking out the words "shall constitute a senatorial district, and shaU." Mr. Drake offered the following amend- ment, which was adopted: Amend, on page seven, line twelve, by inserting, after the word "nays," the words ' -shall be taken thereon, and. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend, on page eight, line ten, by insert- ing the word "a" before tlie word "gen- eral, ' ' where It first occurs therein. Mr. Drake offered the following amend- ment, which was adopted: Amend, on page nine, lines twenty and twenty-one, by striking out the words ' 'a majority of all the members elected to both houses concur in fixing a different day by law, ' ' and inserting m lieu tliereof the words "a different day be fixed by law. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend, on page nine, line twenty-four, by striking out the words "the State of Missouri , ' ' and inserting in lieu thereof the words ' 'this State. ' ' Mr. Drake offered the following amend- ment, wloich was adopted: Amend section thirtieth by adding thereto the following: But if any subject embraced in an act be not expressed in the title, such act shall be void only as to so much thereof as is not so expressed. Mr. Drake offered the following amend- ment, which was adopted: Amend by inserting the following section, next after section twenty-third : Sec. — . No act shall be revived or re- enacted by mere reference to the title thereof; nor shall any act be amended by providing that desimated words thereof shall be struck out, andothers inserted in lieu thereof; but in everj' such case the act revived and re- enacted, or the act or part of act amended, shall be set forth and published at length, as if it were an original act or provision. Mr. Williams of Caldwell offered the following amendment, which was rejected: When the county court of any county shall have districted such county," such' 'act of districting shall be adopted by a vote of the qualified voters of the county", before such act shall become a law. Mr. Drake moved that the article on the Legislative Department be read the third time; and the question being on its adoption, he demanded the ayes and noes thereon, which being taken, the vote stood as follows: Ayks — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Davis of Nodaway, Drake, Esther, Filley, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume. King, Leonard, McPlierson, Mack, Rankin, Kohrer, Strong, Sutton, Weatherby, Williams of Caldwell, and Williams of Scotland — 29. Noes— Messrs. Dodson, Gilstrap, Hol- comb, Smith of Worth, Swearingen, Switzler, and Mr. President — 7. Absknt with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, Nixdorf, St. Gem, and Thilenius— 10. Absent without Leave — Messrs. Adams, Bedford, Bush, Davis of New Madrid, D'Oench, Fletcher, Grammer, Green, Lin- 217 ton, McKernan, Martin, Meyer, Owens, and Smith of Mei-oer— 14. Sick— Messrs. Cowcleu, Ellis, Mitchell, and Peck — i. So the article was adoijted and referred to the Kevising Committee. On motion of Mr. Strong, leave was granted to Mr. Folmsbee to record his vote oh the article on the Right of Suffrage ; and thereupon he voted aye. Mr. Smith of Worth offered an ordinance on suffii-age and disfranchisement, providing for the disfranchisement of disloyal persons. Mr. Drake moved that the ordinance be rejected, and, on his motion, demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bonham, Bndd, Bunce, Glover, Davis of Nodaway, Drixke, Esther, Filley, Folmsbee, l^ulkerson. Gamble, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, Leon- ard, Linton, McKernan, McPherson, Mack, Rankin, Strong, Sutton, Swearingen, Switz- ler, Weatherby, Williams of Scotland, and Mr. President— 31 . NOKS — Messrs. Dodson, Gilstrap, Hol- comb, Rohrer, Smith of Mercer, Smith of Worth, and Williams of Caldwell— 7. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, New^ent, Nixdorf, St. Gem, andThilenius — 10. Absent without Leave — Messrs. Adams, Bedford, Bush, Childress, Davis of New Madrid, D'Oench, Fletcher, Grammer, Green, Martin, Meyer, and Owens — 12. Sick — Messrs. Cowden, Ellis, Mitchell, and Peck — i. So the ordinance was rejected. On motion of Mr. Drake, the article on Declaration of Rights, offered by him, was taken up. Mr. WiLiiAMS of Scotland offered the fol- lowing amendment: Amend by striking out the ninth section, and inserting the following in lieu thereof: That all men have a natural and inde- feasible right to worship Almighty God ac- cording to the dictates of their own con- sciences; that no person can, on account of his religious opinions, be rendered ineligible to any office of trust or profit under this State, nor be disqualified as a witness; and that nO person ought, by any law, to be mo- lested in his person or estate, on account of his religious persuasion or profession, or for his religious j)ractice; unless, under the color of religion, he disturb the good order, or the peace or safety of the State, or in- fringe the laws of morality, or injure others In tneir natural, civil, or religious rights. On this question Mr. Williams of Scot- land demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Davis of Nodaway, Mack, Rankin, Smith of Mercer, Smith of Worth, Strong. Switzler, Weatherby, and Williams of Scotland — 9. Noes- Messrs. Barr, Bonham, Budd, Bunoe, Bush, Childress, Clover, Dodson, Drake, Esther, Filley, Folmsbee, Fulker- son, Gamble, Gilbert of Lawrence, Gil- strap, Henderson, Holcomb, Holdsworth, Holland, Hume, King, Leonard, Linton, McKernan, McPherson, Rohrer, Sutton, Swearingen, Williams of Caldwell, and Mr. Pi'esident— 31 . Absent with Leave —Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, Nixdorf, St. Gem, and Thilenius — 10. Absent without Leave — Messrs. Adams, Bedford, Davis of New Madrid, D'Oench, Fletcher, Grammer, Green, Martin, Meyer, and Owens— 10. Sick- Messrs. Cowden, Ellis, Mitchell, and Peck — i. So the amendment was rejected. Mr. GiLSTEAP offered the following amend- ment: Amend Bill of Rights by striking out the third section, and insert as follows: Sec. 3. That no person of African descent can be disqualified as a witness, in any case in which such persons shall be parties to the action, or the party or parties injured; nor disabled to contract, except in the case of marriage with white persons; nor prevented from acquiring, holding, and transmitting property. Pending which, Mr. Bonham moved to adjourn; which motion was not agreed to. Mr. Drake moved the previous question, which was sustained. The question then recurring on Mr. Gil- strap's amendment, it was rejected. Mr. Drake moved that the article on Declaration of Rights be engrossed for a third reading, and called tor the previous question, which was sustained. The question being on the engrossment of the article on Declaration of Rights, intro- duced by Mr. Drake, Mr. Gilstrap de- manded the ayes and noes thereon; and the vote being taken, stood as follows: Ayss — Messrs. Bonham, Budd, Bunce, Childress. Clover, Davis of Nodaway, Drake, Filley, Folmsbee, Fulkerson, Gamble, Gil- bert of Lawrence, Henderson, Holcomb, Holland. Hume, King, Leonard, McPherson, Mack, Rankin, Rohrer, Strong, Sutton, Swearingen, Weatherby, Williams of Cald- well, Williams of Scotland, and Mr. Pre.si- dent— 29. 218 Noes— Messrs. Dodson, Esther, Gilstrap, Linton, MoKernan, Smifb of Mercer, and Switzler — 7. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hng'hes, Hus- mann. Morton, Newgent, Nixdorf, St. Gem, and Thilenius — 10. Sick— Messrs. Cowden, Ellis, Mitchell, and Peels — i. ■ Absent without Leave — Messrs. Adams, Barr, Bedford, Bush, Davis of New Madrid, D'Oenoh, Fletcher. Gramnier, Green. Holds- worth, Martin, Meyer, Owens, and Smith of Worth— 14. So the article was ordered to be engrossed for a third reading. On motion, the Convention adjourned until 9 o'clock to-morrow morning. SEVENTY-THIRD D^Y. TUESDAY, April 4th, 1865. Convention met pursuant to adjournment, the President in the chair. Mr. Smith of Worth offered the follow- ing resolution: Resolved, That the President appoint a committee of nine, one from each con- gressional district, to prepare and report to this body, at an early day, an ordinance to protect the purity of the ballot-box . Mr. HoLDSWORTH offered the following amendment to said resolution: Strike out "one from each congressional district, ' ' and insert ' 'the gentleman from Worth. " The President declared the amendment out of order. Mr. Drake moved to lay the resolution on the table, and on this motion demanded the ayes and noes; and the vote being taken, stood as follows : AYiiS- Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Di'ake, Esther, FLilkerson, Gilbert of Lawrence, Henderson, Holland, Hume, King, Leonai-d, McKernkn, McPherson, Mack, Kankin, Strong, Sutton, and Weatherby— 22. Noes — Messrs. Bedford, Bush, Dodson, D'Oench, Folmsbee, Holcomb, Holdsworth, Linton, Martin, Kohrer, Smith of Mercer, Smith of Worth, Swearingen, Switzler, Williams of Caldwell. Williams of Scotland, and Mr. President— 17. AbsIlnt with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, Nixdorf, St. Gem, and Thilenius— 10. Absent withodt Leave— Messrs. Adams, Clover, Davis of New Madrid, Filley, Fletcher, Gamble, Gilstrap, Grammer, Green, Meyer, and Owens— 11. Sick— Messrs. Cowden, Ellis, ' Mitchell, and Peck — 4. So the resolution was laid on the table. Mr. Bush offered the following amend- ment to the fortj'-fourth rule, which was read and laid over. Sec. 4. Amend the amended rule forty- fourth, by strikingout the words "a major- ity of the members present, ' ' and insert in lieu thereof ' 'a majority of aU the members elected to the Convention. ' ' Mr. BoDD, chairman of the Committee on Finance, made the following report, with accompanying article, which article was read the first and second time, laid ou the table, and ordered to be printed : SUPPLBMENTABr KBPOKT OF COMMirrEE ON FINANCE, The committee to whom was referred back the original draft of the article on State Indebtedness, together with a pending amendment before the Convention, have given the matter referred to them that con- sideration which the importance of the subject demands; and submit, for the con- sideration of the Convention, the following article on State Indebtedness. GEO. K. BUDD, Chairman. ARTICLE I. Railroad Indebtedness, Section 1. The Pacific Railroad Company and Southwest Branch, the North Missouri Railroad Company, the St. Louis and Iron Mountain Railroad Company, are hereby required to pay an annual tax of ten per cent, on all their gross receipts for freight and passengers, except on transportation tor the government of the United States, and may deduct out of the same the United States tax; and this tax of ten per cent, shall begin on the first day of October, 1865, and be continued until the first day of October, 1867, and be paid quarterly; and fi'om and after the first of October, 1867, the said rail- road conipanies shall pay an annual tax of 219 fifteen per cent, on their groiss receipts, as itforestud; said taxes to be paid quavterlj'. The money received from the tax iiioresaid shall be paid into the State treasury, and shall be appropriated, bylaw, for the pm-- ' pose of paying the interest coupons, and interest theieon, and principal of the bonds of the State, or guaranteed by the State, issued to the aforesaid railroad companies. The General Assembly shall provide, by law, the manner in wilch the said bonded Indebtedness shall be paid from the money received from the tax on said roads. Sec. 2. This tax shall cease when the bonded indebtedness of the State, issued to the several railroad companies named in arti- cle first, is. fully liquidated. Sec. 3. In the event of the Hannibal and St. Joseph Railroad Company failing to pay, when due, the interest and principal of the State bonds issued to said company, then the tax levied on the railroads named in sec- tion one shall be levied and collected from the Hannibal and St. Joseph Railroad Com- pany. Sec. 4. In the event of any railroad com- pany, hereinbefore named, failing to pay the tax imposed, then i]t shall be the duty of the Governor to advertise for sale the "railroad delinquent in paying the tax; and the Gov- ernor may sell the railroad to third partie.s, or he may purchase the railroad for the State, if he deems it expedient tor the interest of the State. Skc. 5. In the event of the railroads being sold, and purchased by third parties, and the bonded indebtedness of the State shall continue, then a tax of one-quarter of one per cent, on all the real and personal propei-ty of the State, taxable bylaw, shall be levied and collected, until the whole bonded i ndebtedness of the State shall be paid. Sec . 6 . It shall be the duty of the collectors of taxes of the several counties to receive tor taxes, when tendered, twenty-five percent. , in defense warrants, of all taxes due, or hereafter to become due, except taxes set apart to pay the military debt of the State ; and this twenty-five per cent, in defense wanants shall be received until all the defense warrants shall be liquidated. Mr. BoxHAM otfered the following ordi- nance, which was read the first and second time, and laid over under the rule: ORDINANCE FOR FATING MEMBERS, OPFICEBS, AND OTHERS, OF THE MISSOURI STATE CONVEN- TION. Be it ordained hy the People of Missouri, in Convention assembled : Skction 1. There is hereby appropriated, out of any money in the State ti-easury not otherwise appropriated, twenty thousand dollars, for the payment of members, ofiicers, and others, of the'Missouri State Convention. Sec. 2. The State treasurer is hereby authorized to pay to Ferdinand Meyer, chairman of the Committee on Accounts of this Convention, said twenty thousand dol- lars, taking his receipt therefor. Skc. 3. The auditor of the State is hereby authorized to audit the accounts of Ferdinand Meyer, a member of this Convention, for all moneys paid to members, officers, and others, and report the action of this Conven- tion to the Legislature, at its session to be held in November, 1865. Mr. Strong, from the Engrossing Com- mittee, reported back the article on Declara- tioil of Rights, as truly engrossed. Mr. Strong, from the Engrossing Com- mittee, reported back the article on the Mode of Amending the Constitution, as truly engrossed. Mr. Drake moved that the article on Declaration of Rights be taken up; on which motion he demanded the previous question, which was sustained. The question then being on the adoption of the Declaration of Rights, Mr. Drake demanded the ayes and noes thereon ; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunoe, Bush, Childress, Bavis of Nodaway, Drake, Esther, Pilley, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson. Holds- worth, Holland, Hume, King, Leonard, McPherson, Mack, Martin, Meyer, Rankin, Strong, Sutton, Swearingen, " Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 31. iJiToBS — Messrs Dodson. D'Oench, Linton, McKernan, Rohrer, Smith of Mercer, Smith of Worth, and Switzler — 8. Absent with Leave — Mes.srs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, Nixdorf, St. Gem, and TKilenius— 10. SiCK^Messrs. Cowden, EUis, Mitchell, and Peck — 4. Absent without Leave — Mes.srs. Adams, Bedford, Clover, Davis of New Madrid,, Fletcher, Gamble, Gilstrap, Grammer, Green, Holcomb, and Owens — 11. So the article was adopted, and, under the rule, referred to the Revising Committee. Mr. Drake moved to take up the article on the Mode of Amending and Revising the Constitution, which was agreed to. Mr. Bush offered the following amend- ment thereto, which was adopted : Amend by striking out, in section three, in lines fourteen and fifteen, the words "on the fourth Wednesday succeeding their elec- tion;" and insert, inline fifteen, after the word "such," the words "time and;" ancl by striking out, in line sixteen, the words ' 'in such manner as they may determine upon . ' ' 220 Mr. Bush offered the following amend- ment, -which was rejected: Amend further by striking out the words "not less than sixty nor more than ninety days after that on which it shall have been adopted by the Convention, ' ' in lines nine- teen and twenty. Mr. Drake moved the adoption of the article on the Mode of Amending the Con- stitution. On this motion Mr. Baek demanded the ayes and noes; and the vote being taken, stood as follows : Aybs — Messrs. Barr. Bonham, Budd, Bunco, Bush, Clover, Davis of Nodaway, Dodson, Drake, Esther, FiUey, Folmsbee, Fulkerson, Gilbert of Lawrence, Hender- son, Holcomb, Holdsworth, Holland, Hume, Kinff, Leonard, McKernan, McPher^on, Mack, Martin, Meyer, Rankin, Kohrer, Smith of Mercer, Strong, Swearingen, Switzler, Weatherby, Williams of Caldvvell, and Williams of Scotland — 35. KoBS — None. Absent with Leave — ^Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, Nixdorf, St. Gem, Thilenius, and Mr. President — 11. Absent without Leave — ^Messrs. Adams, Bedford, Childress, Davis of New Madrid, D'Oench, Fletcher, Gamble, Gilstrap, Grammer, Green, Linton, Owens, Smith of Worth, and Sutton— 14. Sick— Messrs. Cowden, Ellis, Mitchell, and Peck — 4. So the article was adopted, and, under the rule, referred to the Revising Committee. •' Mr. Drake moved to take up tlie article on the Judicial Department, which was agreed to. Mr. Strong offered the following amend- ment thereto, which was adopted: Amend section eighteen by inserting, after the word "been, ' ' in the tifth line of page eighthj engrossed bill, the following words: "a citizen of the United States five years, and." Mr. Drake offered the foUovring amend- ment, which was adopted: Amend section three by inserting the word "other' ' before the word "original. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend page six, line eighteen of said page, by inserting, after the word ' 'judges, ' ' the words "of the circuit court of the county of St. Louis." Mr. Smith of Mercer offered the following amendment: Amend section fourteen by striking out the words ' 'not exceeding sixteen. ' ' On this question Mr. Bonham demanded the ayes and noes; and the vote being taken, stood as follows: Ayes- Messrs. Barr, Bunoe, Bush, Chil- dress, Clover, Dodson, Drake, Esther, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holcomb, Holdsworth, Hol- land, Hume, King, Linton, McKernan, McPherson, Mack, Meyer, Rankiu, Smith of Mercer, Swearingen,' Switzler, and Wil- liams of CaldweU— 27. Nobs — Messrs. Bonham, Budd, Davis of Nodaway, Martin, Strong, Weatherby, and Williams of Scotland — 7. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- maun, Morton, Nevvgent, Nixdorf, St. Gem, Thilenius, and Mr. President — 11. Absent vfiTHOUT Leave — Messrs. Adams, Bedford, Davis of New Madrid,- D'Oench, Filley, Fletcher, Gamble, Gilstrap, Gram- mer, Green, Leonard, Owens, Rohrer, Smith of Worth, and Sutton— 15. Sick — ^Messrs. Cowden, Ellis, Mitchell, and Peck — 4. So the amendment was adopted. On motion of Mr. Gilbert of Lawrence, the Convention adjourned until half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Drake, chairman of the Revising Committee, presented the following report: Mk. President: The Revising Commit- tee, to whom was referred the article entitled Declaration of Rights, beg leave to report the same back without amendment. CD. DRAKE, Chairman. Which was read and adopted. Mr. Drake, chairman of the Revising Committee, presented the following report: Me. President: The Revising Commit- tee, to wliom was referred the article on the Mode of Amending and Revising the Consti- tution, beg leave to report the same back without amendment. CD. DRAKE, Chairman. Which was read and adopted. Mr. Drake moved that the article ou Judicial Department be enrolled as a part of the Constitution. On which motion Mr. Bonham demanded the ayes and noes ; and the vote being taken, stood as follows: Ayes — Messrs. Bedford, Bunco, Childress, Clover, Davis of Nodaway, Dodson, Drake, Esther, Filley, Fulkerson, Gilbert of Law- rence, Henderson, Holcomb, Holdsworth, 221 Holland, Hume, Kinff, McKernan, Mo- Pherson, Mack, Martin, Rankin. Sutton, Swearingen, Weatherby, and Williams of Scotland— 26. NOKS — Messrs. Bonliam, Smith of Worth, and Mr. President's. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thi- lenius— 9. Absent without Leave — Messrs. Adams, Barr, Budd. Bush, Davis of New Madrid, D'Oench, Fletcher, Folmsbee, Gamble, GUstrap, Grammer, Green, Leonard, Lin- ton, Meyer, Nixdorf, Owens, Rohrer, Smith of Mercor, Strong, Switzler, and Williams of Caldwell— 22. Sick— Messrs. Cowden, Ellis, Mitchell, and Peck — 4. No quorum being present, Mr. Drake moved a call of the house, which was or- dered, and the following members responded to their names : Messrs. Bedford, Bonham, Bunce, Chil- dress, Clover, Davis of Nodaway, Dodson, Drake, Esther, Filley, Fulkcr'son, Gilbert of Lawrence, Henderson, Iloloomb, Holds- worth, Holland, Hume, King, McKernan, McPherson, Mack, Martin, Rankin, Swear- ingen, Weatherby, Williams of Scotland, and Mr. President— 27,. Absknt with Leave — Messrs. Evans, Poster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, and Thilenins — 9. Absent without Leave — Messrs. Adams, Barr, Budd, Bush, Davis of New Madrid, D'Oench, Fletcher, Folmsbee, Gamble. Gilstrap, Grammer, Green, Leonard, Lin- ton, Meyer, Nixdorf, Owen, Bohi-er, Smith of Mercer, Smith of Worth, Strong, Sut- ton, Switzler, and Williams of Caldwell — 24. Sick — Messrs. Cowden, Ellis, Mitchell, and Peek— 4. Members having come in, and a quorum being present, on motion of Mr. Mack, further proceedings under the call were dis- pensed with. Mr. Drake moved that the article on the Judicial Department be enrolled as a part of the Constitution . On this motion Mr. Bonham demanded the ayes and noes; anrt the vote being taken, stood as follows : Ayes — Messrs. Barr, Bedford, Budd, Bunce, Childress, Clover, Davis of Nodaway, Dodson, Drake, Esther, Filley, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holoomb, Holdsworth, Holland, Hume, King, Linton, McKernan, McPherson, Mack, Martin, Bankin, Eohrer, Sutton, Swear- ingen, Weatherby, Williams of Caldwell, and Williams of Scotland— 32. Noes — Messrs. Bonham, Smith of Worth, and Mr. President — 3. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius —9. Absent without Leave- Messrs. Adams, Bush, Da.yis of New Madrid, D'Oench, Fletcher, Gamble, Gilstrap, Grammer, Green, Leonard, Meyer, Nixdorf, Owens, Smith of Mercer, Strong, and Switzler — 16. Sick— Messrs. Cowden,. Ellis, Mitchell, and Peck — 4. So the article was ordered to be enrolled as a part of the Constitution. ^ Upon motion ot Mr. Smith of Worth, the article on Education, with pending amend- ments thereto, was taken up. Mr. Gilbert of Lawrence offered the following amendment: Add to section seventh the following: Nothing herein contained shall be so con- strued as to prohibit those counties, town- ships, and school districts, now depopulated in consequence of the present rebellion, from receiving their share of the public school funds, when they shall have been reinhab- ited, that ma,y be due them since the year 1861. Which was disagreed to . Mr. Smith of Worth oifered the following amendment: Strike out all after the word "for" in fourth line of the eighth section. On this amendment Mr. Holcomb de- manded the ayes and noes; and the vote being talsen, stood as follows: Ates — Messrs. Barr, Bush, Dodson, Ful- kerson, Gilbert of Lawrence, Holcomb, Holdsworth, Leonard, Linton, Martin, Eohrer, Smith of Mercer, Smith of Worth, Swearingen, Williams of Caldwell, and Wil- liams of Scotland— 16. Noes— Messrs. Bonham,'Budd, Childress, Clover, Davis of Nodaway, Drake, Esther, Filley, Folmsbee, Henderson, Holland, Hume, King, McKernan, McPherson, Mack, Meyer, Rankin, Strong, Sutton, Switzler, Weatherby, and Mr. President — 23. Absent with Leave — Messrs. Evans, Fos- ter, Gilbert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thileifius —9. Absent without Leave — Messrs. Adams, Bedford, Bunce, Davis of New Madrid, D'Oench, Fletcher, Gamble, Gilstrap, Grammer, Green, Nixdorf, and Owens— 12. Sick— Messrs. Cowden, Ellis, Mitchell, and Peck — 4. So the amendment was disagreed to. Mr. Holdsworth offered the following amendment: Amend section eight by striking out, in line one, after the word "shall, ^' to the word "reduce," in line two; and after the 222 word "for," iu line four, to the word "and, ' ' iu line seven. On whicli Mr. Smith of Worth demanded the ayes and noes; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Dodson, Folmsbee, Holdsworth. Leonard, Eohrer, Smith of "Worth, Weiitherby, Williams of Caldwell, and Williams of Scotland — 10. Nobs — Messrs. Boiiham, Budd, Bunce, Bush, Childress, Clover, Davis of Noda- way, Drake, Ellis, Filley, Fulkersoil, Gil- bert of Lawrence, Henderson, Holcomb, Holland, Hume, Kino;, Linton, McKernan, McPherson, Mack, Meyer. Rankin, Strong, Sutton, Swearingen, Switzler., and Mr. President^2S. , Absknt with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Martin, Morton, Newgent, St. Gem, and Thilenius — 10. Absent without Lkave — Messrs. Adams, Bedford, Davis of New Madrid, D'Oench, Fletcher, Gamble, Gilstrap, , Grammor, Green, Nixdorf, Owens, and Smith of Mer- cer— 12. Sick — Messrs. Cowden, Ellis, Mitchell, and Peck — 1 . So the amendment was rejected. Mr. Smith of Worth offered the following amendment, which was disagreed to: Strike out ' 'sixteen, ' ' in the seventh line of the seventh section, and insert "thirty- two." Mr. Smith of Worth oflered the following amendment, which was disagreed to: Strike out the word "four," and insert "two, ' ' in the sixth line of the third section. Mr. Bush offered the following amend- ment, which was disagreed to" Amend section^six by striking out, in lines three, four, five, and six, all between the word "corporation," in third line, and the words "the proceeds, ' ' in seventh line. Mr. Smith of Worth offered the following amendment, which was read: Amend section eiglit, in line six, after the word "county," by inserting "except swamp and overflowed lands, and the pro- ceeds thereof. ' ' On this amendment, Mr. Smith of Worth demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Barr, Dodson, Folmsbee, Holcomb, Holdsworth, Leonard, Smith of Worth, Swearingen, and Williams of Cald- well— 9. Noes — Messrs. Bonham, Budd, Bunce, Bush. Childress, Clover, Davis of Nodaway, Drake, Esther, Pulkerson, Gilbert of Law- rence, Henderson, Holland, Hume, King, Linton, McKernan, McPherson, Mack, Martin, Rankin, Rohrer. Strong, Sutton, Switzler, Weatherby, and Mr. President— 27. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgcnt, St. Gem, and Thilenius— 9. AiisKXT WITHOUT Lkave— Messrs. Adams, Bedford. Davis of New Madrid, D'Oench, Filley. Fletcher, Gamble, Gilstrap, Gram- mer." Green, Moj'er, Nixdorf, Owens, Smith of Mercei', and Williams of Scotland — 14. Sick— Messrs. Cowden, Ellis, Mitchell, and Peck — i. So the amendment was rejected. Mr. Bonham moved that the article on Education be engrossed for a third I'cading, and on that motion demanded the previous question, which was sustained. The question then being on the motion to engross, Mr. Bonham demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes- Messrs. Bonham, Budd, Bunce, Childress, Clo%'er, Davis of Nodaway, Drake, Esther, Folmsbee, Fulkerson, Gilbert of Lawrence. Henderson, Holland. Hume, King, McKernan, McPherson, Mack, Ran- kin, Strong, Sutton, Weatherby, and Mr. President--S3. Nobs — Messi-s. Barr, Bush, Dodson, Holcomb, Holdsvvorth, Leonard, Linton, Martin, Rohrer, Smith of Worth, Swearin- gen, Switzler, and Williams of Scotland — 13. Absent with Leave — Messrs. Evans, Foster, GilbertofPlatte, Hughes, Husraann, Morton, Newgent, St. Gem, and Thilenius Absent WITHOUT Leave — Messrs. Adams, Bedford, Davis of New Madrid, D'Oench, Filley, Fletcher, Gamble, Gilstrap, Gram- mer. Green, Meyer, Nixdorf, Owens. Smith of Mercer, and Williams of Scotland- 15. Sick— Messrs. Cowden, Ellis, Mitchell, and Peck — 4. So the article was ordered to be engrossed. Mr. Strong, from the Committee on Engrossment, reported the ai'ticle on Im- peachments as truly engrossed; which report was received and adopted . Mr. Draice. chairman of the Revising Committee, made the following report: Mr. President: The Revising Committee, to whom was referred the article on the Legislative Department, beg leave to report the same back without amendment. 0. D. DRAKE, Chairman. Mr. Smith of Worth oflfered the follow- ing amendment to said article: Amend, by way of rider, by striking out section twenty-eight. 223 The question being on the amendment ofilred by Mr . Smith of Worth , he demanded the ayes and noes thereon; and the vote being talien, stood as follows: Ayhh — Messr.-i. Henderson, Smith of Worth, Weathorby, Williams of Caldwell, and Mr. President — 5. Noes — Messrs. Barr, Bonham, Budd, Bunoe, Bush, Childress, Clover, Davis of Nodaway, Dodson, Dralie, Esther, Folms- bee, Fullierson, Gilbert of Lawrence, Hol- comb, Holdsworth, Holland, Hume, King, Leonard, Linton, McKernan, MoPhersoii, Mack, Martin, Meyer, Kanldn,' Rohrer, Strona:, Sutton, Swearingen, and Switz- ler— 32. Absent with Leave — Messrs. Evans, Foster, Gilbert of Platte, Hughes, Husmanii, Morton, Newgent, St. Gem, and Tliile- nius — 9. Absent without Leave — ^Messrs. Adams, Bedford. Davis of J^ew Madrid, D'Oench, Filley, Fletcher, Gamble, Gilstrap, Gram- mer. Green, Nixdorf, Owens, Smith of Mercer, and Williams of Scotland— 14. Sick— Messrs. Cowden, Ellis, Mitchell, and Peck — 4. So the amendment was rejected. Mr. Smith of Worth offered the follow- ins: amendment, which was disagreed to: Amend, by wajr of rider, by striking out section twentj'-nine. Mr. Smith of Worth offered the follow- ing amendment, which was disagreed to: Amend, by way of rider, section twenty- nine, by striking" out the tollo:wing words: "a territory of less than five hundred square miles, or witlu' ' Mr. Drake moved that the article on Legislative Department be enrolled as a part of the Constitution, on which he demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bonham, Budd, Bunce. Childress. Clover, Davis of Noda- way, Dodson, Drake, Esther, Folmsbee, Fulkerson, Gilbert of Lawrence, Henderson, Holdsworth, Hume, King, Leonard, McKer- nan, MoPherson, Mack, Martin, Rankin, Strong, Sutton, Swearingen, Weatherby, and Williams of Caldwell— 28. Noes— Messrs. Bush, Holcomb, Holland, Linton, Meyer, Rohrer, Smith of Worth, Switzler, and Mr. Presiden1>-9. Absknt with Leave- Messrs. Evans, Foster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, and Thilenius — 9. Absent without Leave — Messrs. Adams, Bedford, Davis of New Madrid, D'Oench, Filley, Fletcher, Gamble, Gilstrap, Gram- mer. Green, Nixdorf, Owens, Smith of Mercer, and Williams of Scotland — 14. Sick— Messrs. CoWden, Ell,is, Mitchell, and Peck — 4. So the article was ordered to be enrolled as a part of the Constitution. Mr. Drakk, chairman of the Revising Committee, made the following report: Mu. Pbesident: The Revising Commit- tee, to whom was referred the article on the Judicial Department, beg leave to report the same back wi^out amendment. ^. D. DRAICE, Chairman. Which report was read and adopted. Mr. Drake moved that the article be read a third time and put upon its linal passage, which was agreed to, and the article ordered to be enrolled as a part of the Couslitution. Mr. Drakk, chairman of the Revising Committee, presented the following report: Mr. President: The Revising Commit- tee, to whom was referi-ed the article on Impeachments, beg leave to report the same back without amendment. CD. DRAKE, Chairman. Which report was read and adopted. Mr. Strong, from the Committee on Engrossment, reported back the article on Banks and Cori)orations as truly engrossed. Mr. Drake offered the following amend- ment to said article: Amend section one, line Ave, by striking out the word ' 'Legislature, ' ' and inserting in lieu thereof the Words ■ "General Assem- bly. ' ' Which was adopted. On motion of Mr. Drake, the article on Banks and Corporations was read the third time, adopted, and ordered to be referred, under the rule, to the Revising Committee. On motion of Mr. Bonham, the ordinance offered by him this forenoon was called up, and he presented the following substitute therefor: AN ORDINANCE FOR PAYING THE OFFIOBRS, MEMBERS, AND OTflEKS, OP THE MISSOURI STATE CONVENTION. Be it ordained by the People of the State of Missouri, in Convention assembled, as fol- lows : 1. That there be, and is hereby, appro- priated, out of any money in the treasury of this State, the sum of twentj' thousand dol- lars, for the payment of members, and all other expenses, of the Missouri State Con- vention. 2. The State treasurer is hereby required and authorized to pay to the chairman of the Committee on Accounts (Mr. Ferdinand Meyer) the aforesaid sum of twenty thousand dollars, and to take his receipt therefor; and the Committee on Accounts shall audit all indebtedness incurred by this Convention; 224 and if any debts should remain unpaid after the above api^ropriation is exhausted, then the General Assembly, at its next session, shall provide for the full and complete pay- ment of the same. 3. The auditor of public accounts is re- quired and authorized to audit the accounts of the Committee on Accowkts, and make full settlement with them, pw|ring them the per diem and mileage now allowed to a member for all necessary time occupied, and journeys made, aft^r the Close of this Convention. Mr. Bush offered the following amend- ment, which was read: x\mend section one by inserting, after the words "treasury of the State," the words ' 'not otherwise appropriated . ' ' Which was disagreed to. On motion of Mr. Bonham, this ordinance was ordered to be engrossed for a third reading. On motion of Mr. Drake, the Conven- tion adjoiirned until 9 o'clock to-morrow morning. SEVENTY-FOUKTH DA.Y. Convention met pursuant to adjournment, the President in the chair. Prayer by the Kev. Mr. Armstrong. Mr. Bosh called up iiis proposed amend- ment to the standing- rule number forty-four, offered yesterday. Mr. Drake moved the previous question, which was sustained. The question then , being on adopting the amendment of Mr. Bush to the forty -fourth standing rule, Mr. Bdsh demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes — Messrs. Bedford, Bush,'D'Oench, Evans, Gilstrap, Green, Holoomb, Holds- worth. Linton, Martin, Meyer, Kohrer, Smith of Mercer, Smith of Worth, Switzler, and Mr. President — 16'. Noes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Dod- son, Drake, Esther, Filley, Folmsbee, Ful- kersou. Gamble, Gilbert of Lawrence, Hen- derson, Holland, Hume, King, I^eonard, McKernan, McPherson, Mack, Eankin, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Williams of Scot- laud— 29. Absent with Leave — Messrs. Foster, Fletolier, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, and Thilenius — 9. Abs]!>7t without Leave — Messrs. Clover, Davis of New Madrid, Grammer, Nixdorf, and Oweiis^ — 5. Sick — Messrs. Adams, Cowden, Ellis, Mitchell, and Peck — 5. So the amendment of Mr. Bush to the forty-fourth standing rule was not adopted. Mr. Switzler moved that leave of absence be granted to Mr. Owens, on account of hold- WEDNESDAY, April 5th, 1865. ing court in his circuit, which was not granted. Mr. Drake, chairman of the Revising Committee, offered the following report: Mr. President: The Kevising Commit- tee, to whom was referred the' article on Banks and Corporations, beg leave to repoi't tlie same back without amendment. C. D. DRAKE, Chairman. On motion of Mr. Drake, the article on Banks and Corporations was oi-dered to be enrolled as a part of the Constitution. Mr. Drake moved that the vote by which the article on the Legislative Department was ordered to be enrolled as a part of tlie Con- stitution, be reconsidered, which motion was agreed to. Mr. Drake offered the following amend- ment, by way of rider, which was read the first and second time, and adopted: Amend, by way of rider, on page three, line four, by inserting, between the word "each" and the word "Senators," the word and figure "section 7. " Mr. Drake offered the following amend- ment, by way of rider, which was read the first and second time, and adopted: Amend, by way of rider, on page eight, lines seventeen and eighteen, by striking out the words "after the first day of July, one thousand eight hundred and sixty -five." Mr. Linton offered the following amend- ment, by way of rider, which was read the first time: Amend section thirty-five, by way of rider, by inserting, after the words "public schools," the words "orphan asylums and graveyards. ' ' 225 Mr. Strong objected to the second read- ing of the aiueridment; on which motion Mr. Drake demanded the previous ques- tion, wliich was sustained by the Conven- tion. / The question then being on 'the rejection of the amendment oifered by Mr. Linton, Mr. Linton demanded the ayes and noes thereon; and tlie vott; being taken, stood as follows : Ayes— Messrs. Bonham, Budd, Bunco, Childress, Davis of Nodaway, Drake, Folmsbee, Fulkerson, Holdsworth, King, Leonard, McPherson, Mack, andStrong — 14. Noes— Messrs. Barr, Bedford, Bush, Dod- son, D'Oench, Esther. E\ans, Filley, Gam- ble, Gilbert ol Lawrence, Gilstrap, Hender- son, Holcomb, Holland, Hume, Linton, McKernan, Martin, Meyer, Rohrer, Smith of Mercer, Sutton, Sweariugen, Switzler, Weatherby, Williams of Caldwell, and Mr. President— 27. Absent with Leave — Messrs. Foster, Fletcher, Gilbert of Platte , Hughes, Hus- mann, Morton, Newgent, St. Gem, and Thilenius — 9. ABSENT WITHOUT Leavb — Mcssrs. Clover) Davis of New Madrid, Grammer, Green, Nixdorf, Owens, Kankin, Smith of Worth, and Williams of Scotland — 9. Sick — Messrs. Adams, Cov,-den, EUis, Mitchell, and Peck— 5. So the amendment was not rejected, and it was read a second time. Mr. Drake moved the previous question, which was sustained. The question then being on the adop- tion of tlie amendment offered by Mr. Lin- ton, which had been read the first and second time, Mr. Eohrek demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Barr, Budd, Childress, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Evans, Filley, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holcomb, Holland, Linton, McKernan, Mack, Martin, Meyer, Bankin, Rohrer, Smith of Mercer, Sutton, Swearingen, Switzler, Weatherby, and Williams of Cald- well— 29. Nobs — Messrs. Bonham, Folmsbee, Holdsworth, Hume, King, McPherson, Strong, and Williams of Scotland — 8. Absent with Leave — Messrs. Foster, Fletcher, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, Thile- nius, and Mr. President— 10. Absent without Leave — Messrs. Bed- ford, Buace, Bush, Clover, Davis of New N Madrid, Gilstrap, Grammer, Green, Leon- ard, Nixdorf, Owens, and Smith of Worth —12. Sick— Messrs. Adams, Cowden, Ellis, Mitchell, and Peck— 5. So the amendment of Mr. Linton was not adopted; not having I'eceived the votes of a majority of all the members elected to the Convention, as required by the third section of the forty -fourth rule. Mr. Drake moved that the article on Legislative Department be enrolled as a part of the Constitution ; on which motion he demanded the previous question, which was sustained . Tlie question then being, ' 'Shall this arti- cle be enrolled as a part of the Constitu- tion?' ' it was decided in the affirmative, and the article was ordered to be so enrolled . Mr. Strong, chairman of the Committee on Engrossing, offered the following report: The Committee on Engrossed Articles respectfully report that thej; have examined the article entitled Executive Department, and lind it correctly engrossed. GEO. P. SmONG, Chairman. Mr. Drake offered the following amend- ment to said article, which was adopted: Amend by striking out section twenty- two. Mr. Drake ofl'ered the following amend- ment to said article, which was adopted: Amend, on page six, by striking out sec- tion twenty, and inserting in lieu thereof the following: Sec. 20. The Secretary of State shall be the custodian of the seal of State, and shall authenticate therewith all official acts of the Governor, his approbation of laws excepted. The said seal shall be called "The Great Seal of the State of Missouri," and the emblems and devices thereof, heretofore pre- scribed by law, shall not be subject to change . Mr. Drake offered the following amend- ments to said article, which were adopted: Amend, on page seven, line seven, by striking out the word "vacancies," and insert in lieu thereof the words "a vacancy shall ; ' ' and by striking out of lines eight and nine the words "or other tribunal charged with the transaction of county business;" and by striking out of lines eleven and twelve the words "or other tribunal;" and by striking out of line fifteen the words^ "or other tribunal as aforesaid;" and by striking out of line nineteen the words "or other tribunal;" and on page eight, ^line four, by striking out the words "but' '^.and "such." 226 On motion of Mr. Drake, the article on Executive Department was i-ead the third time, adopted, and ordered to be referred to the Revising Committee. Mr. Dbakb offered the follovnng report: Mr. Pkbsident: The Revising Commit- tee, to whom was referred the article on Executive Department, beg leave to report the same back without amendment. 0. D. DRAKE,- Chairman. Mr. Drake moved that the article on Ex- ecutive Department be enrolled as a part of the Constitution, on which motion Mr. Hol- COMB demanded the aj-es and noes; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Evans, Filley, Folmsbee, Fulkerson, Gamble, Gil- bertof Lawrence, Holcomb, Holland, Hume, Leonard, McKernan, McPherson, Mack, Rankin', Smith of Mercer, Strong, Swear- ingen, Weatherby, Williams of Caldwell, and Williams of Scotland — 31. Noes — None. Absent with Leave — Messrs. Poster, Fletcher, GObert of Platte, Hughes, Hns- mann, Morton, Newgent, St. Gem, Thi- lenius, and Mr. President — 10. Absent without Leave — Messrs. Bed- ford, Bush, Davis of New Madrid, Gilstrap, Grammar, Green, Henderson, Hold^worth, King, Linton, Martin, Meyer, 'Nixdorf, Owens, Rohrer, Smith of "Worth, Sutton, and Switzler — 18. Sick — Messrs. Adams, Cowden, Ellis, Mitchell, and Peck — 5. There being no quorum present, Mr. Drake moved a call of the house, which was ordered, and the following gentlemeu an- swered to their names: Messrs. Barr, Bonham, Budd, Bunce, Bush, Childress, Clover, Davis of Nodaway, Dodson, D'Oench, Drake, Esther, Evans, FiUey, Fulkerson, Gamble, Gilbert of Law- rence, Gilstrap, Green, Henderson, Holcomb, Holds worth, Holland, Hume, Linton, Mc- Kernan, McPherson, Mack, Martin, Meyer, Rankin, Kohrer, Smith of Mercer, Strong, Swearingen, Weatherby, Williams of Cald- well, ana Williams of Scotland — 38. Absent with Leave — Messrs. Foster, Fletcher, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, Sutton, Thilenius, and Mr. President — 11. Absent without Leave — Messrs. Bed- ford, Davis of New Madrid, Folmsbee, Grammer, King, Leonard, Nixdorf, Owens, Smith of Worth, and Switzler— 10. Sick — Messrs. Adams, Cowden, Ellis, MitcheU, and Peck— 5. On motion of Mr. Drake, further pro- ceedings under the call were dispensed with. The question then recurred, "Shall the article on Executive Department be enrolled as a part of the Constitution?" on which Mr. Holcomb demanded the ayes and noes; and the vote being taken, stood as foUows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Clover, Davis of Noda- way, Dodson, D'Oench, Drake, Esther, Evans, Filley, Folmsbee, Fulkerson, Gam- ble, Gilbert of Lawrence, Henderson, Hol- comb, Hoklsworth, Holland, Hume, Mc- Kernan, McPherson, Mack, Meyer, Rankin, Smith of Mercer, Strong, Swearingen, Weatherby, Williams of Caldwell, and Williams of Scotland— 33. Nobs — Messrs. Bush, Gilstrap, Green, Linton, Martin, and Rohrer — 6. Absent with Leave — Messrs. Foster, Fletcher. Gilbert of Platte, Hughes. Hus- mann, Morton, Nevvgent, St. Gem, Sutton, Thilenius, and Mr. President — 11. Absent without Leave— Messrs. Bed- ford, Davis of New Madrid, Grammer, King, Leonard, Nixdorf, Owens, Smith of Worth, and Switzler — 9. Sick — Messrs. Adams, Cowden, Ellis, Mitchell, and Peck — 5. So the article on Executive Department was ordered to be enrolled as a pai-t of the Constitution. . ,, Mr. Bonham^ chairman of the Committee on Confiscation, presented the following report and ordinance; which ordinance was read the first and second time, and ordered to be printed : Confiscation. The committee to whom was referred an ordinance for the confiscation of the property of rebels, respectfullv report that they hav« had the matter unfler consideration, and report the aooompanyiag article for the con- sideration of this Convention. In coming to this conclusion, the committee beg leave to state that, in the admittance of Western Vir- ginia into the Union, the Congress of the United States admitted the right of that State to confiscate property, both real and personal, to the State, for treasonable acts committed by persons against that State. Missouri, being one of the compact of States of the ■United States, and loyal to the general government of the United States, claims only equal rights with her sister States in the confiscation of rebel property. All of which is respectfully submitted. J. Bonham, Chairman,' W. H. Folmsbee, J. A. Mack, \ Committee. J. B. Dodson, W. S. Holland, Ordinance of Emancipation. Section 1. All property, both real and personal, in this State, owned by any person or persons having a wife or issue of' his own 227 body alive, who has, since the commence- ment of the present rebellion, taken up arms against tlie provisional government of this State, or who has aided and abetted the enemies thereof by .furnishing food or raiment, or munitions of war of any descrip- tion whatever, shall be confiscated to the State of Missouri during the lifetime of the owner thereof. Sec. 2. All propei-ty, both real and per- sonal , owned in this State by any person or persons having neither wife nor issue of his own body alive, who has, since the present rebellion commenced, talicn up arms against the provisional government of this State, or who has aided and abetted the enemies thereof by lurnishing food or raiment, or munitions of war of any kind or description whatever, is hereby confiscated to the State forever. Sec. 3. All property, both real and per- sonal, owned by any person or persons in this State who shall hereafter take up arms against the government of the State of Mis- souri, or who shall hereafter aid or abet the enemies tliereof, in any manner— or favor, directly or indirectly— or who shall hereafter refuse to aid the State government in repell- ing invasion or suppressing rebellion, shall be confiscated and forfeited to this State forever; and all property mentioned in this article shall be disposed of by the Legislature for the benefit of the State. Sec. 4. The net proceeds of all property mentioned in this article shall inure to the benefit of education, and shall be applied to the support of schools, and be used for no other purpose whatever. On motion of Mr. Holland, the ordinance for the organization and government of the Missoiui militia was taken up. Mr. Holland offered the following sub- stitute for section one : All able-bodied male inhabitants of this State, who are citizens of the United States, or who have declared their intention to become citizens, between the ages of eighteen and forty-five years, except such as may be exempted by law, shall be liable to military duty; and, when organized, shall constitute and be Icnown as the ' 'Missouri Militia. ' ' Mr. Linton offered the following amend- ment to the substitute, which was read and rejected: Amend the substitute by inserting, after the word ' 'inhabitants, ' ' the words "except those who are religiously scrupulous of bearing arms. ' ' Mr. Mbyek offered the following amend- ment to the substitute, which was disa- greed to : Strike out all after the word "duty, "and insert in lieu thereof the following: "To be classified as follows: The militia shall be divided into two classes. The first class shall he styled 'The National Guard,' and shall consist of all persons, subject to mili- tary duty, between the ages of eighteen and twenty-five j'cars; and all unmarried per- sons, subject to such duty, between the ages of twenty-five and thirty-five years ; except such unmarried persons, of the ages herein mentioned, as are the sole support of infirm parents or a family, who shall be enrolled with the second class. The second class shall be styled 'The Reserve,' and shall consist of all married persons, subject to such duty, between the ages of twenty-five and forty -five years, and all unmarried per- sons between the ages of thirty-five and forty-five years. ' ' On motion of Mj\ Stkong, the Conven- tion adjourned uutU half-past 2 o'clock P. M. AFTERNOON SESSION. Convention met pm-suant to adjournment, the President in the chair. Mr. Holland called up his substitute lor section one of the militia ordinance, with the amendment thereto by Mr. Meyer. On request of Mr. Holland, he was allowed to withdraw his substitute, offered this forenoon, and offer the following in lieu thereof: All able-bodied male inhabitants of this State, who are citizens of the United States, or who have declared their intention to be- come citizens, between the ages of eighteen and forty-five years — excejDt such-persons as have served not less than two years in the army or navy of the United States, or the Missouri State militia, and shall have been honorably discharged therefrom not more than twelve months before the time of en- Ustment, and such as shall be exempted by law — shall be liable to military duty; and, when organized, shall constitute and be known as the ' 'Missouri Militia. ' ' Mr. Strong, of the Committee on Mis- cellaneous Provisions, reported the same back, and the Convention proceeded to con- sider it. Mr. PoLMSBEE offered the following amend- ment to said article, which was adopted: Amgnd by adding the following section : Sbc. — . The seat of government of this State shall remain at the City of Jefferson. Mr. Dkakb offered the foUovnng amend- ment, which was adopted: Amend by adding the following section: Skc. — . No person emancipated by the ordinance abolishing slavery in Missouri, adopted on the eleventh day of January, 228 one thousand eight hundred and sixty-five, shall, hy any county court or other au- thority, be apprenticed or bound for any service, except in pursuance of laws made especially applicable to the persons so eman- cipated. Mr. Strong oifered the following amend- ment, which was adopted: Add as a new section': The General Assem- bly shall provide by law for the indictment and trial of persons charged with the com- mission of any felony, in any county other than that in which the oflense was committed, whenever, owing to prejudice or any other cause, an impartial grand or petit juiy can not be impanneled in the county in which such offense was committed. On motion of Mr. Deakb, the article on Miscellaneous Provisions was ordered to be engrossed for a third reading. The question recurring on the amendment oftered by Mr. Holland to the third section of tha militia ordinance, Mr. Meter de- manded the ayes and noes; and the vote being taken, stood as follows: Ayes — Messrs. Bonham, Bunce, Chil- dress, Clover, Dodson, Drake, Esther, Evans, Pulkerson, Gilbert of Lawrence, Gilstrap, Holcomb, Holland, King, Mc- Pherson, Mack, Meyer, Strong, and Wil- liams of Scotland — 19. Noes — Messrs. Barr, Bedford, Bush, Davis of Nodaway, Ellis, Folmsbee, Gamble, Henderson, Holdsworth, Hume, Linton, McKernan Marthi, Rankin, Kohrer, Smith of Mercer, Smith of Worth, Sutton, Swearingen, Switzler, Weatherby, Williams of Caldwell, and Mr. President— 23. Absent with Leave — Messrs. Foster, Fletcher, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, and 'JhUenius — 9. Absent without Leave — Messrs. Budd, Davis of. New Madrid, D'Oench, Filley, Grammer, Green, Leonard, Nixdorf, aiid Owens — 9. Sick— Messrs. Adams, Cowden, Mitchell, and Peck — 4. So the amendment was not adopted . Mr. Bonham offered the following amend- ment, which was adopted: Amend section six, line two, by adding tlie words "no more," after the word "generals. " Mr. Barr offered the following amend- ment: Strike out section fourteen, and insert the following: The surgeon general shall ap- point a physician or surgeon for each county, to examine persons Salming exemption, ■who shall give to every person exempted by him a certificate; and shall return to the office of the adjutant of the district, withiii five days after the close of each of his sit- tings, a complete list of all persons so ex- empted. The physician or surgeon so employed shall receive the pay of a major of infantry, while actually engaged in such service. Mr. Ho INLAND offered the following amend- ment to said amendment, which was rejected: Amend the substitute for section fourteen by striking out all after the word ' 'shall, ' ' and insert in lieu thereof the following words; ' 'be entitled to collect ot every per- son so examined an examination fee of one dollar. Mr. Babe's amendment was then adopted. The action on the militia ordinance was temporarily suspended, to enable Mr. Strong, chairman of the Engrossing Com- mittee, to make the following report: Mb. Pbesident:' The Committee on En- grossed Articles respectfully report that the article entitled Miscellaneous Provisions has been correctly engrossed. GEO. P. STRONG, Chaii-man. On motion of Mr. De'akb, the article on Miscellaneous Provisions was read a third time, put upon its final passage, adopted, and ordered to be referred to the Revising Committee. The consideration of the ordinance on militia was again resumed. Mr. Bush oifered the following amend- ment, which wasmdopted: Amend section eleven by striking out the words ' 'his Excellency, ' ' in first line. Mr. Holland offered the following amend- ment, which was adopted: Amend section twenty-two by adding thereto: ' 'and such pay shall be in the same funds in which the United States volunteers are paid, or their equivalent. ' ' Mr. Strong offered the following amend- ment, which was rejected: Amend by adding to section ten the following words: ' 'But no person subject to militia duty shall be required to leave the county where he is enrolled, except in case of invasion, or to repel attack, or to pursue guerrillas or other disturbers of the peace or safety of the State. ' ' On motion of Mr. Drake, the further consideration of the ordinance on militia was postponed until to-morrow morning. Mr. Drake, chairman of the Revisiiig Committee, made the following report: Mr. President: The Revising Committee, to whom was referred tlie article entitled Miscellaneous Provisions, beg leave to report the same back without amendment. CD. DRAKE, Chaiiman. 229 Mr. Dhake moved that the article en Mis cellaneoiis Provisions be enrolled as a part of the Oonstitution, which was agreed to. Mr. Drake offered the following resolution, which was adopted : Resohed, That, in enrolling the Constitn- tion, the last section of the article on the Legislative Department, and the fourth, fifth and sixth sections of the article on Banics and Corporations, shall be transferred to and incorporated in the article entitled Miscel- laneous Provisions. Mr. Strong, chairman of the Committee on Engrossed Bills, reported the article on Education as truly engrossed. The consideration of the article on Edu- cation was temporarily suspended , so as to enable Mr. Strong, chairman of the Engross- ing Committee, to mal«e a report. Mr. Stbong, chairman of the Engrossing Committee, i-eported the ordinance for pro- curing money for the payment of members and officers, and for other expenses, as trulj' engrossed . On motion of Mr. Bonham, the ordinance for paying otHcers, members, and others, of the Missouri State Convention, was read the third time, put upon its final passage, and adopted. On motion, the article on Education was again taken up. Mr. Holland offered the following amend- ment, which he afterwards withdrew: Amend first line, on fourth page, by striking ont the word "may, ^' and inserting the word "shall." On motion of Mr. Bonham, the article on Education was read the third time, put upon its final passage, adopted, and ordered to bo referred to the Revising Committee. A letter from J. W. Mclntyre, chairman United States Christian Commission, datsd St. Louis, April 5, 1865, inviting the mem- bers of the Convention to participate in a meeting to beheld on Friday evening, Ap)'il 7, 1865, was read for information, and laid on the table. Mr. SwiTZLKR offered the following reso- lution : Resolved, That this Convention, desirou.s again to testify its appreciation of the price- less blessings guaranteed to the people by the Union of the States, have heard with joy and thanksgiving that Richmond (Confederate Capital) and Petersburg (one of the Gibral- tars of the rebellion) have fallen, by the gal- lantrj'' and heroism of the national troops; these glorious victories adding new lustre to our arms, and affording us reason to hope that this disastrous and wicked insurrection is virtually overthrown; and that, at no dis-. *tant perioil , peace, on the basis oLthe Federal Union of all the States, will be irotored. On motion of Mr. Strong, the resolution was laid over and made the special order for to-morrow morning. On motion of Mr. Drake, the Convention adjourned until 9 o'clock to-morrow morn- seveistty-fifth: d^y. Convention met pursuant to adjournment, the President in the chair. The pending resolution, offered by Mr. Switzler yesterday, was called up. Mr. Strong offered the following amend- ment thereto, which was accepted by Mr. Switzler : Amend the resolution by adding these words : ' 'And triumphantly vindicating the wisdom and patriotism of our honored chief magistrate, who, with a brave heart and steady purpose, has successfully carried for- ward, by force of arms, the glorious work of suppressing rebellion by the military power of the government; and illustrating, with THURSDAY, April 6th, 1865. equal clearness, the miserable folly and want of loyalty and patriotism of those who denounced Abraliam Lincoln as 'the despot whom God in his wrath permits to occupy the Presidential chair;' who asserted the right of traitors to float the flag of treason, and justified the slaughter, by traitors, of these same gallant and heroic national troops, asserting that they 'met a merited doom,' and regretting that more of them were not sliot; who justified and rejoiced in the traitorou^ conduct of that perjured traitor Claiborne F. Jaclcson, who, witjfi the oath of fidelity to the Federal Constitution on his lips, prostituted his official position to place Missouri among the rebel States, against the wiU of a large majority of her citi- 230 zeias; who denounced the call of President Lincoln for seventy-five thousand of these same gallant and heroic troops, to defend the Union of the States, as 'illegal, inhuman, and diabolical;' and who publicly declared that, if there were any of those gallant and heroic soldiers in Missouri who were will- ing to 'aid a black-republican President in the butchery of the Southern people' — and thus assist in achieving 'these glorious vic- tories, adding new lustre to our arms' — 'they were on the wrong side of Mason and Dixon ' s line , and had better, for their health , take up their beds and walk, and walk fast;' and who most loudly denounced all attempts at coercion, from the start, well knovring it was the only means of suppress- ing rebellion, and securing 'these glorious victories' over which we now all unite in rejoicing. This Convention rejoices in the fact that the patriotic soldiers did 'take up their beds and walk, ' and that they have pursued their walk over the whole temtory of secession, until they have pitched their tents in the rebel capital at Richmond; and have demonstrated the fact that victory and success are wonderful promoters of patriotic rejoicing and of loyalty, and that the submission and respect of rebels and rebel sympathizers are best secured by the exhibition of a power in the government ■that they cannot successfully resist. ' ' Mr. Bus# offered the following amend- ment to the original resolution : Amend the resolution by inserting the words "freedom and," after the words "basis of, ' ' in the last sentence. Which was accepted by Mr. Switzler. 31r. Dkaice offered the following amend- ment: Amend by striking out the word ' 'Fed- eral," in line twenty -two of the original resolution, and inserting in lieu thereof the words ' 'complete and imperishable. ' ' After debate, the question being on the amendment of Mr. Drake, Mr. Switzlee demanded the ayes and noes thereon ; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Dod- son, Drake, Ellis, Evans, Fletcher, Folms- bee, Fulkerson, Gilbert of Lawrence, Hen- derson, Holdsworth, Hollane^ Hume, King, Leonard, Linton, McKernan, McPherson, Mack, Peck, Eankin, Smith of Mercer, Strong, Weatherby, Williams of Caldwell, Williams of Scotland, and MP. President — 32. Noes — Messrs. Bush, Esther, Gamble, Gilstrap, Holcomb, Martin, Eohrer, Swear- ingen, and Switzler— 9. Absent with Leave — Messrs. Foster, Gil- bert of Platte, Hughes, Husmann, Morton, Newgent, St. Gem, and Thilenius— 8. Absent without Leave — Messrs. Bed- ford, Clover, Davis of New Madrid, D'Oench, iFilley, Grammer, Green, Meyer, Nixdorf, Owens, and Sutton — 11. Sick— Messrs. Adams, Cowden, Mitchell, and Smith of Worth — i. So the amendment was adopted. Mr. Drake moved the indefinite postpone- ment of the resolution, and called for the previous question , which was sustained. The question then being on the indefinite postponement of the z-esolution, it was dis- agreed to. The question then being on the adoption of the resolution, as amended, Mr. Strong called for the previous question, which was sustained. On the adoption of the resolution Mr. Bonham demanded the ayes and noes; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Dod- son, D'Oench, Drake, Ellis, Esther, Evans, Filley, Fletcher, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Henderson, Holcomb, Holdsworth, Hol- land, Hume, King, Leonard, Linton. Mc- Kernan, McI?herson, Mack, Martin, Peck, Rankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearingen, Switzler, Weatherby, Williams of Caldwell, Williams of Scotland, and-Mr. President — i3. Nobs — Mr. Bush — 1. Absent with Leave — Messrs. Foster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgent, St. Gem, and Thilenius— 8. Absent withoot Leave — Messrs. Bed- ford, Clover, Davis of New Madrid, Gram- mer, Green, Meyer, Nixdorf, and Owens — 8. Sick— Messrs. Adams, Cowden, Mitchell, and Smith of Worth— 1. So the resolution was adopted. Mr. Drake, chairman of the Revising Committee, presented the following report: Mr. President : The Revising Committee, to whom was referred the article on Educa- tion , beg leave to report the same back \rith the following amendments: Amend, on page three, line eight, by strik- ing out the word ' ' also, ' ' and inserting in lieu thereof the word ' ' and . ' ' Amend, on page three, line nine, by strik- ing out the word "may," and inserting, after the word " now, ' ' the word ' ' belong." ' and inserting the word ' ' may ' ' before the word " hereafter" Amend, on page three, line thirteen, by striking out the word ' ' additional ; " and by inserting, in line fourteen, after the word ' ' security, ' ' the words ' ' in addition there- to." CD. DRAKE, Chairman. The amendments recommended by the Revising Committee were adopted. On motion of Mr. Drake, the article on Education was put upon its final passage, 231 adopted, and ordered to be enrolled as a part of the Constitution. On motion of Mr. Bddd, the article on Railroad Indebtedness was taken up. Mr. BoMHAM offered the following amend- ment, which was adopted: Amend section third, in second line, after the word ' ' company , " by adding the follow- ing: "or the Platte Country Railroad Com- pany. ' ' Mr. BoNiiAM offered the following amend- ment, which was adopted: At the end of section third add the follow- ing: "and the Platte Country Railroad Company. " Mr. Bush offered the following amend- ment: Amend section first by striking out the word "ten," in the third and also in the sixth line, and inserting the word "two" in lieu thereof; also, by striking out the word "fifteen," in the tenth line, and in- serting the word ' 'five' ' in lieu thereof. The question being on adopting this amendment, Mr. Bush demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bush, D'Oench, Ellis, and Fillejr— 5. Nobs — ^Messrs. Bonham, Budd, Bunco, Childress, Davis of Nodaway, Dodson, Drake, Esther, Folnisbee, Fulkerson, Gam- ble, Gilbert of Lawrence, Henderson, Hol- comb, Holdsworth, Holland, Hume, King, Leonard, Linton, McKernan, McPherson, Mack, Martin, Peck, Rankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearingen, Switzler, Weatherby, and Williams of Scot- land— 34. Absent with Leave — Messrs. Evans, Poster, Gilbert of Platte, Hughes, Hus- mann, Morton, Newgent, St. Gem, Thi- lenius, and Mr. President — ^10. Absent without Leave — Messrs. Adams, Bedford, Clover, Davis of New Madrid, Fletcher, GUstrap, Grammer, Green, Meyer, Nixdorf, Owens, and Williams of Cald- well— 12. Sick — Messrs. Cowden, MitcheU, and Smith of Worth— 3. So the amendment was rejected . Mr. BoJTiiAM offered the following amend- ments, which were adopted. Amend section one, line three, by striking out the words ' ' an annual tax of ; " and in sixth line, by striking out the words "the tax of ten per cent," and insert in lieu thereof the words ' ' the payment of this per centage." ,. . ,. Amend, in hne nme, section one, by striking out the word "an," and insert "annually." In line ten, strike out the words "tax of," and the word "taxed," and insert, after the word "said," the words "per centage." In Tine eleven, strike out the words ' 're- ceived from the tax, ' ' and insert the words "paid as." In seventeenth line, strike out the words "from the tax on said lands," and insert the words ' ' as aforesaid . " In section two, line one, strike out the word "tax," and insert the words "per centage." In section three, in line three, strike out the word "taxes," and insert "percent- age." In section four, line two, strike out "tax, ' ' and insert ' 'per centage. ' ' In line three, strike out ' 'tax, ' ' and insert "per centage. " Mr. Drake moved to reconsider the vote by which the following amendment, offered by Mr. Bonham, to the article on Railroad Indebtedness, was adopted: In line nine, section one, strike out the word ' 'an," and insert ' ' annually. ' ' Which motion was agreed to. Mr. Bonham modified his amendment so as to read as follows: In line nine, section one, strike out the words '.'an annual." And the amendment, as modified, was then adopted. Mr. Strong offered the following amend- ment, which was rejected: Amend by striking out the words "inter- est coupons, and interest thereon, and, ' ' in tlie thirteenth line, and inserting, after the word "principal," in line fourteen, the words "and interest;" also, the word "bonds," between the words "or" and ' 'guaranteed, ' ' in line fourteen. Mr. Budd ofl"ered the following amend- ment, which was adopted: The said Hannibal and St. Joseph Railroad Company shall pay into the treasury of the State, annually, two per cent, on three million of State bonds loaned to said com- pany, for the purpose of liquidating the prin- cipal of the bonds aforesaid; and on failure to do so, the tax of ten and filteen per cent. , named in the first section, shall be collected of the Hannibal and St. Joseph Railroad Company. ikir. Drake offered the following amend- ment, which was adopted: Amend section first by striking out, in lilies three, eight, and eleven, the word "quarterly," and inserting in lieu thereof the word ' 'quarter-yeai'ly.' ' Ml-. Dkakb offered the following amend- ments, which were adopted: 232 Amend by inserting, in line nine, section first, before tlie word • 'Ootober, ' ' the words "day of." Amend by striking out of line twelve, sec- tion first, the words "be iDaid into the State treasury, and shall. ' ' Amoiid, in section firpt, line one, by strik- ing out the words ' ' Company and Soutliwest Branch." Amend section first, line two, by inserting the word ' 'and" after the word ' 'company." Amend section first, line fourteen, bv inserting the word "the" before the word "principal. " Amend section first, line four, by striking out the word "on," where it first occurs therein, and inserting in lieu thereof the word "of;" and by striking out of line ten the word "on," and inserting in lieu thereof the word ' 'of. ' ' Mr. Strong offered the following amend- ment: ■ Amend by striking out the word oi- figure "five," in line seven, and inserting the word ' 'six;" also, by striking out the word or figure • 'seveu, ' ' in lines eight and nine, and inserting therein the word ' 'eight. ' ' On motion, the article on Railroad Indebt- edness was laid over temporarily until this afternoon. Mr. Stroxo, chairman of the Engrossing Committee, reported the article on Militia as truly engrossed. Mr. Meyer offered the following amend- ment to the article on Militia, which was adopted : Strike out section three. Mr. Drake offered the following amend- ments, which were adopted: Amend, in line seven, by inserting the word "of, " after the word '''except. ' ' Amend, in line fifteen, by striking out the word ' 'except. " Amend, in lines sixteen and seventeen , by striking out the words "they exceed eight in number, ' ' and inserting in lieu thereof the words, ' 'there be more than two officers of that grade'. ' ' Mr. Stroxg offered the following amend- ment: Strike out all of section two, down to the words "the General Assembly," in line twelve of engrossed bill. On this amendment Mr. Flfstcher de- manded the ayes and noes; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bunce, Childress, Dodson, Drake, Ellis, Esther, Fulkerson. Gamble, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, Mc- Kernan, McPherson, Mack, Kankin, Strong, and Swearingen — 21 . NOKS — Messrs. Bonham, Budd, Bush, Davis of Nodaway, Evans, Fletcher, Gil- strap, Meyer, Peck, Smith of Mercer, Sut- ton, Weatherby, and Williams of Scot- land— 13. Absent with Leave — Messrs. Foster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgent, St. Gem, Thilenius, and Mr. President — 9. Absent without Leave— Messrs. Bed- ford, Clover, Davis of New Madrid, D'Oench, Filley, Folmsbee, Grammer, Green, Holeomb, Leonard, Linton, Martin, Nixdorf, Owens, Itohrer, Swit/ler, and Williams of Caldwell— 17. Sick — Messrs. Adams, Cowdon, Mitchell, and Smith of Worth — i. So the amendment was rejected. Mr. Strong ofi'ered the following amend- ment: Add, as a new section, the following: Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the Governor, they may be appointed by the Governor. On which Mr. Mack moved the previous question; which was sustained. The question then being on adopting the amendment of Mr. Strong, Mr. Holcojib demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Mes-srs. Bonham, Bunce, Chil- dress. Dodsoti, Fulkerson, G.amble, Gilbert of Lawrence, Gilstrap, Holland, Hume, McPhcrson, Mack, Smith of Mercer, Strong, Sutton, Swearingen, Weatherby, and Wil- liams of Scotland — 18. Noes — Messrs. Barr, Davis of Nodaway, Drake, Ellis, Esther. Evans, Fletcher, Henderson, Holeomb, Holdsworth, King, McKernan, Meyer, Peek, and Rankin— 15. Absent with Leave— Messrs. Foster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgeut, St. Gem. and Thilenius— S. Absent without Leave — Messrs. Adams, Bedford, Budd, Bush, Clover, Davis of New MadBld, D'Oench, Filley, Folmsbee, Gram- mer. Green, Leonard, Linton, Martin, Nixdorf, Owens, Rohrer, Switzler, Wil- liams of Caldwell, and Mr. President— 20. Sick — Messrs. Cowden, Mitchell, and Smith of Worth— 3. So the amendment was adopted. Mr. Drake moved that the article -on Militia be read a third time, and adopted; on which he moved the previous question, which was sustained. The question then being on the adop- tion of the article on Militia, Mr. Meyer demanded the ayes and noes thereon; and the vote being taken, stood as foUows: 233 Ayks — Messrs. Bonham, Bunce, Chil- dress, Davis of Nodawav, Drake, Ellis, Esther, Fnlkerson, Gamble, Gilbert of Law- rence, Henderson, Holdsvvorth, Holland, Hume, King, McKernan, McPherson, Maok, Pock, Rankin, Smith of Mercer. Strong, Sutton, Swearingen, and Williams of Scotland— 25. Noes — Messrs. Barr, Dodson, Evans, Fletcher, Gilstrap, Holcomb, Meyer, and Weatherby — 8 . Absent with Leave — Messrs. Foster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgent, St. Gem, Thilenius, and Williams of Caldwell— 9. Absent withoot Leave — Messrs. Bed- ford, Budd, Bush, Clover, Davis of New Madrid, D'Oench, Filley, Folmsbee, Gram- mer. Green, Leonard, Linton, Martin, Nix- dorf, Owens, Rohrer, Switzler, and Wil- liams of Scotland— 18. Sicx — Messrs. Adams, Cowden, Mitchell, and Smith of Worth— 4. So the article was adopted. On motion of Mr. Baer, the Convention adjourned until half -past 2 o'clock P.M. AFTEE,NOON SESSION. Convention met pursuant to adjournment, the President in the chair. , Mr. Deake, chairman of the Revising Committee, presented the following report: Mr. President: The Revising Commit- tee, to whom was referred the article on Militia, beg leave to report the same back without amendment. CD. DRAKE, Chairman. Mr. Drake moved that the article on Militia be put upon its final reading, adopted, and ordered to be enrolled as a part of the Constitution; on which motion Mr. Hol- co.MB demanded the ayes and noes, and the vote being taken, stood as follows : Ayes — Messrs. Bonham, Budd. Bunce, Childress, Davis of Nodaway, Drake, Ellis, Esther, Filley, Fulkerson. Gamble, Gilbert of Xjawrence, Gilstrap, Henderson, ITolds- worth, Hume, McKernan, . McPherson, Mack, Peck, Rankin, Smith of Mercer, Sutton, Swearingen, and Williams ot Cald- well — 25. JSTOES- Messrs. Barr, Dodson, Evans, Green, Holcomb, Leonard, Martin, Mej^er. Weatherbv, and Mr. President— 10. Absent" with Leavic — Messrs. Foster. Gilbert of Platte, Hughes, Husmann. Mor- ton, Newgent, St. Gem, and Thilenius— 8. Absent without Leavk— Messrs. Bed- ford Bush, Clover, Davis of New Madrid, D'Oench, Fletcher, Folmsbee, Grammer, Holland, King, Linton, Nixdorf. Owens, Rohrer, Strong, Switzler, and Williams of Scotlancl— 17. Sick— Messrs. Adams, Cowden, Mitchell, and Smith of Worth— 4. So the article on Militia was ordered to be enrolled as a part of the Constitution. On motion of Mr. Draice, the article on Provisions for putting the Constitution into Force was taken up . Mr. Draice offered the following amend- ment to said article, which was adopted: Amend by inserting, between the title and the first section, tlie words "and we do further ordain, as follows. ' ' Mr. Drake offered the following amend- ment : Fill the first blank in section two with the word "sixth," and the second blank with the word "June. " Mr, Gilstrap ofl'ered the following amend- ment to the amendment: Amend the amendment by striking out of first blank, ' 'sixth, ' ' and the second blank, "June;" and insert, in the first blank, "seventh, ' ' and in the second blank, "No- vember." Mr." Drake moved to lay on the table the amendment of Mr. Gilstrap, on which Mr. Holcomb demanded tlie ayes and noes; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress. Davis of Nodaway, Drake, Ellis, Esther, Filley, Folmsbee, Fulkerson, Gilbert of I,.awrence, Henderson. Holds- worth, Holland. Hume, King, McKernan, McPhei'son, Mack, Peck, Rankin, Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Mr. President— 29. Nobs — Messrs. Bush, Clover, Dodson, Evans, Fletcher, Gamble, Gilstrap, Green, Holcomb, Leonard, Linton, Martin, Meyer, Rohrer, Smith of Mercer, Switzler, and Williams of Scotland— 17. Absent with Leave — Messrs. Foster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgent, St. Gem, and Thilenius -8. Absent without Leave —Messrs. Bed- ford, Davis of New Madrid, 6'Oeiieh, Grammer, Nixdorf, and Owens — 6. Sick — Messrs. Adams, Cowden, Mitchell, and Smith ot Worth— 4. So the amendment of Mr. Gilstrap was laid on the table. Mr. Gilstrap then ofl'ered the following amendment to the amendment of Mr. Drake: Amend the amendment by striking out ' 'June' ' and inserting ' 'September. ' ' Mr. Drake moved to lay the amendment of Mr. Gilstrap on the table, on which Mr. Gilstrap demanded the ayes and noes; and the vote being taken, stood as follows: 234 Ayes — Messrs. Barr, Bonham, Budd, Bniice, Childress, Davis of Nodaway, Drake, Ellis, Esther, Filley, Folmsbee, Fulkerson, Gamhle, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, McKernan, McPherson, Mack, Peck, Rankin, Strong, Sutton, Swearin^en, Weath- erby, WiUiams of Caldwell, and Mr. Presi- dent— 30. Noes — Messrs. Bush, Clover, Dodson, Evans, Fletcher, Gilstrap, Green, Holcomb, Leonard, Linton, Martin, Meyer, E.ohrer, Smith of Mercer, and Williams of Scot- land — 15. Absent -with Leave — Messrs. Foster, Gilbei-t of Platte, Hughes, Husmann, Mor- ton, Newgent, St. Gem, and Thilenius — 8. Absent without Leave — ^Messrs. Bedford, Davis of New Madrid, D'Oench, Grammer, Nixdorf, Owens, and Switzler— 7. Sick — Messrs. Adams, Cowden, Mitchell, and Smith of Worth— 4. So the amendment of Mr. Gilstrap was laid on the table. Mr. Gkben offered the following amend- ment to the amendment of M)-. Drake: Amend the amendment by striking out ' 'June" and inserting ' 'August. ' ' Mr. Drake moved to lay the amendment of Mr. Green on the table, on which motion Mr. Bush demanded the ayes and noes; and the vote being taken, stood as follows; Ayes — Messrs. Barr, Bonham, Budd, Bunee, Childress, Davis of Nodawav, Drake, Filley, Folmsbee, Fulkerson, Gamble, -Gil- bert of Lawrence, Henderson. Holdsworth, Holland, Hume, King, McKernan, McPher- son, Mack, Peck, Strong, Sutton, Swearin- gen, and Weatherby — 25". Noes — Messrs. Bush, Clover, Dodson, Ellis, Esther, Evans, Fletcher, Gilstrap, Green, Holcomb, Leonard, Linton, Martin, Meyer, Rankin, Kohrer, Smith of Mercer, Smith of Worth, Williams of Caldwell, Williams of Scotland, and Mr. Prosident-21. Absent with Leave — Messrs. Poster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgent, St. Gem, and Thilenius— 8. Absent without Leave — Messrs. Bed- ford, Davis of New Madrid, D'Oench, Grammer, Nixdorf, Owens, and Switzler— 7. Sick — Messrs. Adams, Cowden, and Mitchell— 3. So the amendment of Mr. Green was laid on the table. Mr. Drake demanded the previous ques- tion, which was sustained. The question then being on adopting the amendment offered by Mr. Drake, Mr. Martin demanded the ayes and noes there- on; and the vote being taken, stood as fol- lows: Ayes — Messrs. Barr, Bonham, Budd, Bunco, Childress, Clover, Davis of Noda- way, Drake, Ellis, Esther, Filley, Folms- bee, Fulkerson, Gamble, Gilbert of Law- rence, Henderson, Holdsworth, Holland, Hume, Kin^, Linton, McKernan, McPher- son, Mack, Peck, Rankin, Strong, Sutton, Swearingen, and Weatherby — 30. Noes — Messrs. Bush, Dodson, Evans, Fletcher, Gilstrap, Green, Holcomb, Leon- ard, Martin, Meyer, Rohrer, Smith of Mer- cer, Smith of Worth, Williams of Caldwell, Williams of Scotland, and Mr. President —16. Absent with Leave — Messrs. Foster, Gilbert of Platte, Hughes, Husmann, Mor- ton, Nevirgent, St. Gem, and Thilenius — 8. Absent without Leave — Messrs. Bed- ford, Davis of New Madrid, D'Oench, Grammer. Nixdorf, Owens, and Switzler —7. Sick— Messrs . Adams , Cowden , and Mitchell— 3. So the amendment of Mr. Drake was adopted. Mr. Drake offered the following amend- ment: Fill the first blank in section seven with the word ' 'first, ' ' and the second blank with the word ' 'July. ' ' On which Mr. Drake demanded the pre- vious question, which was sustained, and the amendment of Mr. Drake was adopted. Mr. Gilstrap offered the following amendment: Amend the article by striking out tlie sixth section. Mr. Drake demanded the previous ques- tion, which was sustained. The question then being on the adoption of the amendment offered by Mr. Gilstrap, Mr. Dbai£e demanded the ayes and noes threon; and the vote being taken, stood as follows: Ayes— Messrs. Bush, Gilstrap, Holcomb, and Linton — i. Noes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodaway, Dod- son, Drake, Ellis, Esther, Evans. Filley, Folmsbee, Foster, Fulkerson, Gamble, Gil- bert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, Leonard, McKer- nan, McPherson, Jlack, Mai'tin, Peek, Rankin, Rohrer, Smith of Worth. Strong, Sutton, Swearingen, Weatherby, Williams of Caldwell, AVilliams of Scotland, and Mr. President^38. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, St. Gem, and Thilenius — 7. Absent without Leave — Messrs. Bed- ford, Clover, Davisof New Madrid, D'Oench, Fletcher, Grammer, Green, Meyer, Nix- dorf, Owens, Smith of Mercer, and Switz- er — 12. 235 Sick — Messrs. Adams, Cowden, and MitcheU— 3. So the amendment of Mr. Gilsti'ap was not adopted . Mr. Drake offered the following amend- ment, which was adopted: Amend section fix, line two, by striking out the words "is not," and inserting in lieu thereof the words "would not be;" and by adding, after tlie word "Constitu- tion," the words "if the second article thereof were then in force. ' ' Mr. Drake offered the following amend- ment, which was adopted: Amend section six by striking out the words "the oath or afiirmation prescribed by this Constitution," and by inserting, after the figures "18G2," the following: "the folio wmg oath, tOrwit: '1, A. B., do solemnly swear that I am well acquainted with the terms of the third section of the second ai-ticle of the Constitution of the State of Missouri, adopted by the Conven- tion which assembled in the city of St. Louis on the sixth day of January, eighteen hundred and sixty-five, and have cai-efuUy considered the same; that I have never, directly or indirectly, done any of the acts in said section specified; that I have always been truly and loyally on the side of the United States, against all enemies thereof, foreign and domestic; that I will bear true faith and allegiance to the United States, and will support the Constitution and laws thereof as the supreme law of the land , any law or ordinance of any State to the con- trary notwithstanding; that I will, to the best of my ability, protect and defend the Union of "the United States, and not allow the same to be broken up and dissolved, or the government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it; and that I make this oath without any mental reservation or evasion, and hold it to be bindino^ on me;" and by striking out of the sixth line the word "and." Mr. Drake offered the following amend- ment, which was adopted: Amend by adding the following section : Sec. — . The office of Register of Lands shall continue until the General Assembly shall abolish the same. Mr. Deakk offered the following amend- ment, which was adopted: Amend by addiiig the following section : Sec. — . The officer now known as the Auditor of Public Accounts shall hereafter be Styled State Auditor. Mr. Deaive offered the following amend- ment, which was adopted: Amend by adding the following section: Sec. -^. Notwithstanding any provision in the previous articles of this Constitution, no existing law of this State shall be invalidated by this Constitution until after the session of the General Assembly, to be held in the month of November. Mr. Drake offered the following amend- ment, yhich was adopted: Amend by adding the foUovnng at the close of the article: Done by the representa- tives of the people of the State of Missouri, in Convention assembled, at the city of St. Louis, on the day of April, in the year of our Lord one thousand eight hunclred and sixtv-live, and of the independence of the United States the eighty-ninth. Mr. Linton offered the following amend- ment: Amend section sixth by striking out of line fourtli all after the word "by" to the word "under" in line fifth, and inserting, after "1862," in line sixth, the words "and, in addition to said oath, shall swear that he has, since the 17th day of December, 1861, been truly loyal to said government. ' ' Mr. Drake moved to lay the amendment of Mr. Linton on the table, and demanded the ayes and noes on that motion; and the vote being taken, stood as follows: Ayes — Messrs. Barr, Bonham, Budd, Bunce, Childress, Davis of Nodawa.v, Dod- son, Drake, Evans, Filley, Folmsbee, Foster, Fulkerson, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, Leonard, McKernan, McPherson, Mack, Peek, Rankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearingen, Weath- erby, Williams of Caldwell, Williams of Scotland, and Mr. President — 34. Noes — ^Messrs. Bush, Gilstrap, and Lin- ton— 3. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann. Morton, New- gent, St. Gem, and Thilenius^7. Absknt without Leave — Messrs. Bed- ford, Clover, Davis of New Madrid, D'Oench, Ellis, Esther, Fletcher, Gamble, Grammer, Green, Holcomb, Martin, Meyer, Nixdorf, Owens, Smith of Worth, and'Switzler — 17. Sick — Messrs. Adams, Cowden, . and MitcheU— 3. So the amendment^f Mr. Linton was laid on the table. Mr. Holland offered the following sub- stitute for section one of the article : Section 1. The preceding parts of this instrument, except the second article, shall not take eft'ect unless this Constitution be adopted by the people, at the election to be hereinafter directed; but the provisions of this article, and of article two, on the Right of Suffrage, shall be in force from the day of the adoption of this Constitution by the representatives of the people, in this Con- vention assembled. 236 Mr. Drake moved to lay the substitute on the table. On this motion Mr. Hollajjd demanded the ayes and noes; and the vote being taken, stood as follows : Ayks — Messrs. Barr, Bonham, Budd, Bunoe. Childress. Davis of Nodaway, Drake, Pilley, Folmsbee, Gamble, Gilbert of Law- rence, Henderson, Hume, King, Leonard, Linton, McKernan, McPherson, Mack, Peck, Rankin, Strong, Sutton, Swearingen, and Weatherby — 25. Nobs — Messrs. Bush, Clover, Dodson, Esther, Evans, Fletcher, Foster, Fulker- son. Gilstrap, Green, Holcomb. Holdsworth, Holland, Meyer, Rohrer, Smith of Mercer, Smith of Worth, Williams of Caldwell, Wil- liams of Scotland, and Mr. President — 20. Absent WITH Lhave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, St. Gem, and Thilenlus— 7. Absent without Leave — Messrs. Bed- ford, Davis of New Madrid, D'Oench, Ellis, Graramer, Martin, Nixdorf, Owens, and Switzler — 9. Sick — Messrs. Adams, Cowden, and Mitchell— 3. So the substitute was laid on the table. Mr. GiLSTEAP offered the following amend- ment: Amend first section, third line, after the word ' 'directed, ' ' by adding the following: ' 'except the article on the Right of Suft'rage, numbered article two, which is hereby declared in full force and effect by the action of this Convention . ' ' Which was declared out of order. On motion of Mr. Drake, the vote by which the following new section was adopted was reconsidered : Amend by adding the following section: Sec. — . "Notwithstanding any provision in the previous articles of this Constitution, the existing law of this State shall not be invalidated by this Constitutiou until after the session of the General Assembly, to be held hi the ensuing month of November. And, on motion, Mr. Drake was allowed to substitute inlie.u thereof the following: Sec. — . Notwithstanding any provision in the previous articles of this Constitution, no act of the General Assembly of this State shall be iuvalidaled by this Constitution until after the first session of the said Gen- eral Assembly, held after this Constitution takes eitect. Mr. Williams of Caldwell moved to in- definitely postpone the further consideration of the article on Provisions for putting the Constitution into Force. Mr. Drake moved to lay the motion of Mr. Williams of Caldwell, to indefinitely postpone, on the table, and on this motion Mr. Williams of Caldwell demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bedford, Budd, Bunce, Childress, Davis of Nodaway, Dod- son, Drake, Esther, Filley, Fulkersou, Gamble, Gilbert of Lawrence, Gilstrap, Green, Holland, King, Leonard, Linton, McKernan, McPherson, Mack, Rankin, Strong, Sutton, and Williams of Scotland —26. Noes— Messrs. Bonham, Bush, Clover, Evans, Fletcher, Folmsbee, Foster, Hen- dei'son, Ilolcomb, Holdsworth. Hume, Meyer, Peck, Rohrer, Smith of Mercer, Smith of Worth, Svvearingen, Weatherby, Williams of Caldwell, and Mr. President —20. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, St. Gem, and Thilenius — 7. Absent without Leave — Messrs. Davis of New Madrid, D'Oench, Kills, Grammer, Martin, Nixdorf, Owens, and Switzler— 8. Sick — Messrs. Adams, Cowden, and Mitchell— 3. So the motion to indefinitely postpone was laid upon the table. Mr. Drake offered the following amend- ment, which was adopted: Amend section four, line two, by insert- ing the word "immediately" before the word "certified. " Mr. Strong oifered the following amend- ment, which was adopted: Amend, by adding to section six, the fol- lowing words: Any person who shall falselj- take, or, having taken, shall thereafter will- fully violate, the oath prescribed in this section, shall, upon conviction thereof, by any cour.t of competent jurisdiction, be adjudged guilty of the crime of perjury, and shall be punished therefoi- in accordance with existing, law. Mr. BoNHAJi moved that the article be engrossed for a third reading; and, on that motion, demanded the previous question, which was sustained, and the article was ordered to be so engrossed . On motion of Mr. Baki:, the militia ordi- nance was taken up. Mr. Barr offered the following amend- ment thereto, which was adopted: Strike out "thirty-four," in line two, section four, and insert "thirty-two;" also '•fiftv," in same line, and insert "forty- six. ''' Mr. Bare offered the following amendr- ment, which was adopted: 237 Add, after the word "platoon," in lines two, three, and five, section thirteen, the words "or company." Mr. Bark offered the following amend- ment, which was adopted: Add , after the word ' 'battalion, ' ' in lines two and four, section seventeen, the words "or regiment. " Mr. Bahr offered the following amend- ment, which was adopted: Strike out, in line one, section eighteen, the words ' 'lawful for, ' ' and insert in lieu thereof "the duty of." Mr. Barr offered the following amend- ment, which was adopted: Strilce out the word "county," in line nine, section eighteen, and insert "circuit. ' ' Mr. Meyer offered the following amend- ment: Strike out, after the word "officers," in second line, to the word "shall," in the fourth line. On motion of Mr. Bonham, the Conven- tion adjourned until 9 o'clock to-morrow morning. SEVENTY-SIXTH D'j^lY. FRIDAY, April 7th, 1865. Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. McLain. Mr. Drajce offered the following resolu- tion : Resolved, That the Convention will meet at 2 o'clock P. M. to-morrow, and proceed then immediately to the final vote on the adoption of the Constitution as a whole; when each member, who desires to explain his vote, shall have the privilege of doing so when his name is called on the roll, bein^ allowed three mitmtes for that purpose ; and any member who may not be within the bar of "the Convention when his name is called, but who comes in before the vote is finally announced, shall have the privilege of recording his vote. Mr. Drake demanded the previous ques- tion on this resolution, which was sustained. The question then being on adopting Mr. Drake's resolution, Mr. S.with of Worth de- manded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Messrs. Adams, Barr, Bonham, Budd, Bunco, Bush, Childress, Davis of Nodaway, Dodson, Drake, Esther, Filley, Folmsbce, Foster, Fulkerson, Gilbert of Lawrence, Henderson, Holdsworth, Holland, Hume, King, McKernan, McPherson, Peck, Rankin, Smith of Mercer, Sti'ong, Sutton, Sweai-ingen, Switzler, Wcalherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 34. Noes— Messrs. Evans, Gamble, Green, Holcomb, Linton, Martin. Meyer, Rohrer, and Smith of Worth— 9. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, Nixdorf, St. Gem, and Thilenius — 8. Absent without Leave — Messrs. Bed- ford, Clover, Davis of New Madrid, D'Oench, Ellis, Fletcher, Gilstrap, Grammer, Leonard, Mack, and Owens — 11. Sick — Messrs. Cowden and Mitchell — 2. So the resolution was adoj)ted. On request of Mr. Rohrer, leave of ab- sence was granted to Mr. Nixdorf for the balance of the session . Mi-. Strong submitted the following report: The Committee on Engrossed Articles re- spectfully report that they have examined the article entitled Provisions for putting the Constitution into Force, and find the same oorrectlv engrossed. GE'O. P. STRONG, Chairman. Mr. Drake offered the following amend- ments to said article, which were adopted: Amend by strildng out section ten. Amend, on page four, line nineteen, by striking out the words ' 'next ensuing, ' ' and inserting, after the word ' 'day , ' ' the words ' 'of said month of. ' ' Fill the blank in the final sentence with the word ' 'eighth." Mr. Drake moved that the article on Pro- visions for putting the Constitution Into force be read a third time and adopted; and on this motion demanded the previous question, which was sustained. The question then being on the adoption of the article, Mr. Drakk demanded the 238 ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Adams, Barr, Bedford, Bonham, Budd, Bunce, Bush, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Evans, Filley, Fletcher, Folmsbee, Poster, Fulkei'son, Gamble, Gilbert of Law- rence, Green, Henderson, Holdsworth, Hume, King;, jVIcICernan, McPlierson, Peck, Kankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearingen, Switzler, VVeatlierby, and Williams of Scotland— 38. Nobs — Messrs. Holcomb, Holland, Linton, Martin, and Smith of Worth — 5. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, Nixdorf, St. Gem, and Thilenius— 8. Absent without Leave — Messi'S. Chil- dress, Clover, Davis of New Madrid, Gil- strap, Grammer, Leonard, Maclf, Meyer, Owens, Williams of Caldwell, and Mr. Pi-esi- den^-10. Sick — Messrs. Cowden and Mitchell — 2. So the article was adopted, and refen-ed to the Revising Committee. Mr. Drake, chairman of the Revising Committee, made the following report: Mr. President : The Revising Commit- tee, to whom was referred the article entitled Provisions for putting the Constitution into Force, beg leave to report the same back without amendment. CD. DRAKE, Chairman. Mr. Drake moved that said article be read the last time, put upon its final jjassage, and ordered to be enrolled as a part of the Con- stitution; on which motion he demanded the previous question, which was sustained. The question then being on the final adop- tion of said article, Mr. 'Drake demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Adams, Barr, Bedford. Bonham, Budd, Bunce, Childress, Davis of Nodaway. Dodson, D'Oench, Dralie, Ellis, Esther, Evans, Filley, Folmsbee, Fulker- son, Gamble, Gilbert of Lawrence, Hender- son, Holdsworth, Hume, King, MoPherson, Mack, Martin, Peck, Rankin, Smith of Mer- cer, Strong, Sutton, Swearingen, Switzler, Weatherby, and Williams of Scotland — 35. Noes — Messrs. Bush, Fletcher, Poster, Holcomb, Holland. Linton, Meyer, Rohrer, and Smith of Worth — 9. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, Nixdorf, St. Gem, Thilenius, and Mr. President — 9. Absknt without Leave — ^Messrs. Clover, Davis of New Madrid, Gilstrap, Grammer, Green, Leonard, McKernan, Owens, and Williams of Caldwell— 9. Sick — Messrs. Cowden and Mitchell — 2. So the ai'ticle was adopted, and ordered to be enrolled as a part of the Constitution. On motion of Mr. Baeh, the militia ordi- nance was taken up, with the pending amendment: Strike out, after the word "officers," in the second hue. to the word ' 'shall, ' ' in the fourth line. On request of Mr. Drake, leave of absence was granted to himself and Messrs. Holland and Switzler, to superintend the enrollment of the Constitution. Mr. Holland moved the previous ques- tion, which was sustained by the Convention. The question then being on the pending amendment offered by Mr. Meyer, to strike out, after the word ' 'officers," in the second line, to the word "shall," in the fourth line, Mr. Holcomb demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — Messrs. Adams, Bunce, Davis of Nodawaj'', Evans, Fletcher, Folmsbee, Ful- kerson, Gilbert of Lawrence, Holcomb, Holdsworth, Holland, Martin, Meyer, Peck, Rohrer, Sutton, Swearingen, Weatherby, Williams of Caldwell, and Williams of Scot- land— 20. Noes — Messrs. Barr, Bedford, Bonham, Budd, Bush, Childress, Dodson, Ellis, Esther, Filley, Gamble, Henderson, Hume, Kino', Linton, McKernan, McPhe'rson, Mack, Rankin, Smith of Mercer, Smith of Worth, Strong, and Switzler— 23. Absent with Leave — Messrs. Drake, Gil- bert of Platte, Hughes, Husmann, Morton, Newgent, Nixdorf, St. Gem, Thilenius, and Mr. President— 10. Absent without Lkave — Messrs. Clover, Davis of New Madrid, D'Oench, Foster, Gilstrap, Grammer, Green, Leonard, and Owens — 9. Sick — ^Messrs. Cowden, and Mitchell — 2. So the amendment was rejected. Mr. PoLMsiiEE offered the following as a substitute for the ordinance on militia: Be it ordained by the People of the State of Mis- souri, in Convention assemhled, as follows : Section 1 . That the act entitled ' 'An act for the organization and government of the Missouri militia, ' ' passed by the General Assembly of 1865, and approved February 10, 1865, be, and is hereby, abrogated. Sec. 2. The Governor shall have power to commission not more than two brigadier generals, and to take such other steps as may be necessary to ci'eate an efficient militia organization for the State, by volunteer enlistment or otherwise. Sec. 3. The General Assembly shall have power to modify or repeal this ordinance whenever they may deem it proper to do so. 239 Mr. Babr moved to lay the said substitute upon the table, on which motion Mr. Wbath- EEBY demanded the ayes and noes; and the vote being taken, stood as follows: ■ Ayes — ^Messrs. Adams, Bai-r, Budd, Hen- derson, Holland, King, Linton, McKernan, McPher.son, Martin, and Williams of Scot- land— 11. Nobs — Messrs. Bedford, Bonham, Bunce, ■Bush, Childress, Clover, Davis of Nodaway, Dodson, Ellis, Esther, Evans, Filley, Fletcher, B^lmsbee, Foster, Fulkerson, Gilbert of Lawrence, Holcomb, Holdsworth, Hume, Mack, Meyer, Peck, Rankin, Bohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Weatherby, and Williams of Caldwell— 32. Absisnt with Lkavk — Messrs. Drake, Gilbert of Platte, Hughes, Husmann, Mor- ton, Newgent, Nixdorf, St. Gem, Thile- nius, and Mr. President — 10. Absent without Leave — Messrs. Davis of New Madrid, D'Oench, Gamble, Gilstrap, Grammer, Green, Leonard. Owens, and Swltzler — 9. Sick— Messrs. Cowden and Mitchell — 2. So the Convention refused to lay the sub- stitute on the table. Mr. Weatherby olfered the following resolution : Resolved, That the Committee on Accounts be authorized to pay to the doorkeeper such amount for extra labor rendered by him to Uiis Convention, in keeping the book of accounts, writing out of checks, warrants, and such other extra labor by him performed , as they may deem just. On which Mr. Weatherby demanded the previous question, which was sustained, and the resolution was adopted. Mr. Williams of Caldwell offered the fol- lowing resolution , which was adopted : Resolved. That the Assistant Secretary of this Convention be allowed the same pay as is_allowed to the Secretary. Mr. Childress offered the following reso- lution : Resolved, That no member of this Conven- tion shall receive pay (except in case of sick- ness) for any dav or days that he shall have been, or may hereafter be, absent from and disconnected with the legal business of said Convention. Mr. Flktchkr moved to lay the resolution on the table, on which motion Mr. Clover demanded the ayes and noes; and the vote being taken, stood as follows: Ayes- Messrs. Adams, Bedford, Bush, Clover, Esther, Fletcher, Folmsbee, Holds- worth, Holland, Hume, McPherson, Switz- ler, Weatherby, and Mr. President-14. Nobs- Messrs. Barr, Bonham, Budd, Childress, Davis of Nodaway, Dodson, Drake, Evans, Filley, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holcomb, King, Linton, McKernan, Mack, Peck, Kankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Wil- liams of Caldwell, and Williams of Soot- land— 28. Absjsnt with Lkave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, Nixdorf, St. Gem, and Thilenius— 8. Absent without Lkave- Messrs. Bnnce, Davis of New Madrid, D'Oench, Ellis, Foster, Gilstrap, Grannncr, Green, Leonard, Martin, Meyer, and Owens— 12. Sick— Messrs. Cowden and Mitchell— 2. So the Convention refused to lay the reso- lution on the table. Mr. Clover moved that the Convention adjourn, and on his motion demanded the ayes and noes; and the vote being taken, stood as follows : Ayes — ^IMessrs. Adams, Bedford, Bush, Childress, Clover, Drake, Esther, Evans, Fletcher. Fullvcrson, Henderson, Holland, Hume, King, Linton, McKernan, McPher- son, Mack, Meyer, Peck, Rankin, Rohrer, Smith of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Swltzler, and Mr. President — 29. Nobs — Messrs. Bonham, Dims, of Noda- way, Dodson, Filley, Gamble, Gilbert of Lawrence, and Williams of Scotland — 7. Absknt with Lkavk— Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, Nixdorf, St. Gem, and Thilenius— 8 . Absent without Leave — Messrs. Barr, Budd, Bnnce, Davis of New Madrid, D'Oench, Ellis, Folmsbee. Foster, Gilstrap, Grammer, Green, Holcomb, Holdsworth, Leonard, Martin. Owens, Weatherby, and Williams ot Caldwell— 18. Sick — Messrs. Cowden and Mitchell — 2. So the Convention adjourned until half- past 2 o'clock P. M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Bare, the militia ordi- nance, with the substitute and amendments thereto, was taken up. Mr. Folmsbee withdrew his substitute. Mr. Dodson offered the following amend- ment to the militia ordinance: Amend section two, line four," by insert- ing, after tiie word "schools," the words ' ' when actually employed as such ; ' ' and by inserting, after "the word ' 'gospel, ' ' the word ■ 'and;'^ and by striking out, after the word "physicians," in the same line, the words ' 'and railroad employes. ' ' 240 Mr. BoNHAM moved the previous question, wliicli was sustained. The question then being on the amendment of Mr. Dodson, Mr. JBonham demanded the ayes and noes thereon; and the vote being taken, stood as follovsrs: Ayes — Messrs. Adams, Barr, Bedford, Buuee, Childress, Ciover, Dodson, Evans, Hume, McKernan, Mack, Kankin, Smith of Mei-cer, Strong, Weatherby, Williams of Caldwell, and Mr. President — 17. Noes— Messrs. Bonham, Budd, Bush, Davis of Nodaway, D'Oeneh, Ellis, Folms- bee, Fulkerson, Gilbert of Lawrence, IIol- comb, Holdswortli, King, Linton, McPher- son, Martin, Mej'er, Peck, Smith of Worth , Sutton, and Sweariugen— 20. Absent WITH Leave— Messrs. Drake, Gil- bert of Platte, Holland, Hughes, Husmann, Morton, Newgent, St. Gem, and Switzler— 9. Absent without Leave — Messrs. Davis of New Madrid, Esther, Filley, Fletoher, Foster, Gamble, Gilstrap, Grammer, Green, Henderson, Leonard, Nixdorf, Owens, Eolirer, Thileniiis, and Williams of Scot- land— 16. Sick — Messrs. Cowden and Mitchell- 2. So the amendment of Mr. Dodson was not adopted. Mr. Bakr offered the following substitute for section live of the ordinance on militia, which was adopted : Platoons and companies, as soon as organized, shall elect their commissioned omcei-s; which officers, together with all brigade, regimental and staft' officers ap- pointed by the Governor, and all non- commissioned company officers, shall, before commissions or warrants (as the case may be) shall issue to them, take and subscribe the following oath: '•!, A. B., aged years, of the county of , in the State of Missouri, and a native of -, do, on oath (or affirmation), declare that I have not, during tlie present rebellion, taken up arais or levied war against the United States, nor against the State of Missoim; nor have willfally adhered to the enemies of either, whetlier domestic or foreign, by giving theiu aid and comfort by denouncing said governments, or either of them: by going into or favoring, or encouraging otliei'S to go into or favor, secession, rebellion, or disunion; but have always, in good faith, opposed the same; and further, that I -ivill support, protect, and defend the Consti- tution of the United States, and of the State of Missouri, against all enemies or opposers, whether domestic or foreign — any ordinance, law or resolution of any State convention or legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding; and that 1 do this with an honest purpose, pledge, and determination, faithfully to perform the same, without any mental reservation or evasion whatever, so help me God. ' ' Mr. GiLBEET of Lawrence offered the fol- lowing amendment: Amend section twenty-two by striking out all after the word "men, ' ' in the first Tine, to the word ' 'and, ' ' in the second line. Which was read, and, on motion, laid on the table. Mr. Bush offered the following amend- ment, which was adopted : Amend section twenty-eight by adding the following : ' 'and may at any time amend or reiieal this ordinance. ' ' Mr. Mack offered the following amend- ment: Amend section two by adding at tiie end thereof the following words: All persons who liave performed military duty in the military service of the United States, or of this State, shall be exempt from service in the militia for the same length of time that they may have served in the United States or State service, and have been honorably discharged. ■Mr. Krbkkl offered the following amend- ment, whicli was adopted: Add at the end of third section : ' ' and all enrollments heretofore made, under existing laws, shall be talien and considered as made under this ordinance. " Mr. Cloveb demanded the^ previous ques- tion, which was sustained. The question then being on the amend- ment of Mr. Mack, it was disagreed to. Mr. (Jlovek demanded the previous ques- upon the ordinance, which was sustained. The question then being on engrossing the militia ordinance, it was ordered to be engi-ossed for a third reading. On motion of Mr. Strong, the article on Eailroad Indebtedness, with the pending amendment thereto offered by himself, was taken up. Mr. Gkebn offei-ed the following resolu- tion : Resolved, That the further consideration of the article on Railroad Indebtedness, and pending amendments, be indefinitely post- poned. On whicli, Mr. Green demanded the pre- vious question, which was sustained. The question then being on adopting the resolution of Mr. Green, Mr. Budd. de- manded the ayes and noes thereon; and the vote being taken, stood as follows: 241 Ayes — Messrs. Bedford, Bush, Clover, Davis of Nodaway, Dodson, Drake, Esther, Filley, Foster, Gilbert of Lawrence, Green, Holcomb, Holland, Linton, McKernan, Martin, Meyer, Peck, Sutton, and Mr. President — 20. Nous — Messrs. Adams, Barr, Bonham, Budd, Childress, Evans, Folmsbee, Fulker- son. Gamble, Henderson, Hume, King, McPherson, Mack, Rankin, Smith of Merceri Strong, Swearino-en, Williams of Caldwell, and Williariis of Scotland — 20. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, St. Gem, Switzler, and Thilenius— 8. Absent without Leave — Messrs. Bunce, Davis of New Madrid, D'Oench, EUis, Fletcher, Gilstrap, Grammer, Holdsworth, Leonard, Nixdorf, Owens, Rohrer, Smith of Worth, and Weatherby — 14. Sick — Messrs. Cowden and Mitchell — 2. So the resolution was not adopted. The question then recurring on the pending amendment of Mr. Strong, it was disagreed to . Mr. Bonham offered the following substi- tute for section four on Railroad Indebted- Should any railroad company fail to com- ply with the provisions of this ai-tiole, the General Assembly shall provide by law for tiie sale of all railroads which have hereto- fore failed, or shall hereafter fail, to pay the interest now due, or to become due, on any State bonds heretofore issued to aid in the construction of any such railroad. ASifer the sale of any railroad, rolling-stock, or apparatus thereto' belonging, wherein sale was made and such road was purchased by the State, on foreclosure of mortgage bv the State, for the non-payment of principal and interest due on said bonds, the General As- sembly is hereby prohibited from compound- ing with any company or companies who may be in possession of said road or roads at the time of such sale; unless said compan;^ or companies pay to the State, in Missouri State bonds, or cash, the amount due, the State as interest ou said bonds; and there- after interest on said bonds shall be paid in advance, semi-annually. The question being on this amendment, Mr. Bonham demanded the ayes and noes thereon; and the vote being taken, stood as tbllows : Ayes — Messrs. Barr, Bedford, Bonham, Budd, Childress, Davis of Nodaway, Esther, Evans, Fulkerson, Gamble, Gilbert of Law- rence, Henderson, McPherson, Mack, Peck, Rankin, Smith of Worth, Strong, Sutton, Swearingen, Williams of CaldwelL Williams of Scotland, and Mr. President— 23. Noes — Messrs, Adams, Bunce, Bush, Clover, Dodson, Drake, Filley, Foster, Gilstrap, Green, Holland, Hume, King, Linton, McKernan, Martin, Meyer, and Smith of Mercer— 18. Absent with Leave- Messrs. Gilbert of Platte, Hughes, Husmann, Morton, New- gent, St. Gem, and Switzler— 7. Absent without Leave — Messrs. Davis of New Madrid, D'Oench, Ellis, Fletcher, Folmsbee, Grammer, Holcomb,. Holds- worth, Leonard, Nixdorf, Owens,. Rohrer,. Thilenius, and Weatherby — 14. Sick — Messrs. Cowden. aaid Mitchell — 2, So the substitute was adopted. Mr. Bonham moved that the article on Railroad Indebtedness be engrossed- for a third reading. Mr. Clover moved to adjourn, and on this motion Mr. Bonham demanded the ayes and noes; and the vote being taken, stood as follows : Ayes- Messrs. Barr, Bedford,, Claver,. Foster, Gilbert of Lawrence, Green,, Hoi-. land, Hume, Martin,, and Meyer— 1©^ Nobs— Messrs. Adams ^ Bonham, Budd,, Bunce, Bnsh, Childre.ss,, Davis of Nodaway, Dodson, Drake, Esther, Bvans> Filley, Piil- kerson, Gamble, Gilstrap^ Heixderson, KiD*-, Linton, Mack, Peek, Bainkin, Smith "of Mercer, Smith of Worth, Strong, Sutton, Swearingen, Williams- of Caldwell, Williams of Scotland, and Mr. President— 29. Absent with Leave— Messrs. Gilbert of Platte, Hughes, Hui,»;maim, Morton, New- gent, Nixdorf, St. Gem, and Thilenius— 8. Absent without Leave— Messrs. Davis of New Madrid, D'Oench, Ellis, Fletcher, Folm-sbee, Grammer, Holcomb, Holdsworth, Leonard, McKernan, McPherson, Owens. Rohrer-, Switzler, and Weatherby— 15. Sick— Messrs. Cowden and Mitchell— 2. So the Convention refused to adjourn. Mr. Bonham demanded the previous ques- tion, which was sustained. The question then being on engrossing the article on Railroad Indebtedness, Mr. Clo-^ VEK demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Adams, Bonham, Budd, Childress. Evans, Gamble, Gilstrap, Hen- derson, McPherson, Mack, Peck, Rankin,. Smith of Worth, Strong, Sutton, Swearin- gen, Williams of Caldwell, and Williams of Scotland— 18. Noes- Messrs. Bedford, Bush, Clover, Davis of Nodaway, Dodson, Drake, Esther, Filley, Foster, Fulkerson, Gilbert of Law- rence, Holland, Hume, King, Linton, Mar- tin, Meyer, Smith of Mercer, and Mr. President — 19. Absent with Leave — Messrs . Gilbert of Platte, Hughes, Husmann, Morton, New- gent, Nixdorf, St. Gem, and Thilenius — 8. Absent without Leave — Messrs. Barr, Bunce, Davis of New Madrid, D'Oench, Ellis, Fletcher, Folmsbee, Grammer, Green, Holcomb, Holdsworth, Leonard, McKernan, 242 Owens, Rohrer, Switzler, and Weatherby —17. SiCK-J-Messrs. Cowden and Mitchell — 2. So the motion to engross was rejected. Mr. BoNHAM introduced the following article on Kailroad Indebtedness, which was read the first time : Section 1. All railroad companies within this State, and indebted to it on account of money, bonds, guarantees or other securi- ties loaned by the State, shall pay the an- nual interest in Missouri State bonds, or lawful funds of the United States, on all such money, bonds or guarantees due the State, on the first day of January in each year, after 1865; and in default of such pay- ment, by any railroad eomjjany, of principal and interest, such defalcation shall be held and taken as a forfeiture of the road or roads to the State; and the General Assem- bly shall provide to sell such forfeited road or roads at public sale, to the highest bidder, ancl the money accruing from such sale shall be applied to the liquidation of the liabil- i ties of the road sold . Sec. 2. That all foreclosures of liens or mortgages by the State against any railroad company in whose favor State bonds have been issued, wherein the State becomes the' pm-chaser, at such sale or foreclosure the State shall take, hold, and retain the possession of the same until a sale of such road cau be effected for the best interests of the State. Sec. 3. After the sale of any railroad. roUing-stoek, or appurtenances thereto be^ longing, wherein sale was made and fore- closed oy the State, on foreclosure of mort- gage by the State, for the non-payment of principal or interest due on bonds issued by the State to aid in the construction of said road, the General Assembly is hereby pro- hibited from compromising with any com- pany or companies in possession of said road, at the time of said sale of such road, unless said company or companies pay to the State, in Missouri railroad bonds, or cash, the amount due the State as interest on said bonds; and thereafter the interest shall be paid in advance, semi-annually. Pending the consideration of which, on motion of Mr. Clover, the Conven- tion adjourned until 9 o'clock to-morrow morning. SEVENTY-SEVEISJ-TH TDAJY. Convention met pursuant to adjournment, the President in the chair. The pending resolution of Mr. Childress was taken up, which was modified by him to read as follows : Resolved, That no member of this Conven- tion shall receive pay (excepf in case of sick- ness) for any day or days that he shall have been, or may hereafter be, absent from and disconnected with the legal business of said Convention, since the first diay of March. Mr. Clovbk moved to reiect the resolu- tion of Mr. Childress, and called for the previous question, which was sustained, and the resolution was rejected. Mr. Drake offered the following ordi- ijauce, which was read the first and second time: AN ORDINANCE PROVIDING FOR OBTAININS THE VOTES OF MISSnUM SOLDIERS ON THE CONSTI- TUTION. Be it ordained ly the People of the State of Missouri, in Convention assembled, as fol- lows : Section 1.' The Governor of this State is required, on or before the 15th day of May SATURDAY, April 8th, 1865. next, or immediately thereafter, to send messengers to the different points where there are citizens of this State, beyond the limits thereof, in the volunteer arniy of the United States, in order to obtain the votes of such persons upon the adoption or rejection of the Constitution adopted by this Conven- tion. The said messengers shall be pro- vided with duly-prepared poll-book? for said election, the expense whereof, and also the compensation of such messengers, and all other expenses connected vnth "sending such messengers, shall be certified by the Gov- ernor, and the State auditor shall draw his warrant upon the treasurer for all amounts so certified, payable out of any money in the treasuiy not otherwise appropriated." To which Mr. Gilstrap offered the fol- lowing amendment, which was adopted: Sec. 2. That such number of copies of the new Constitution adopted by this Con- vention, as the Governor may think neces- sai-y to a proper understanding of the Con- stitution, shall be sent to the Missouri sol- diers vnth such messengers. Mr. Drake moved that the rules be sus- pended, that the ordinance as amended be considered as engrossed, and read a third time now, which was agreed to. 243 The question then being upon the final passage of the ordinance, Mr. Dkakb de- manded the ayes and noes thereon ; and the vote being taken, stood as follows: Ayes— Messrs. Adams, Barr, Bedford, Bonham, Budd, Bush, Childress, Clove*, Davis of Nodaway, Dodson, Drake, Esther, Evans, Folmsbee, Foster, Gamble, Gilbert of Lawrence, Gilsti-ap, Green, Henderson, Holcomb, Holdsworth, Holland, Hume, Husmann, King, Leonard, Linton, MePher- son. Mack, Martin, Peck, Rankin, Kohrer, Smith of Mercer, Strong, Sutton, Swear- ingen, Switzler, "Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 43. Nobs — None. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Meyer, Morton, Newgent, Nixdorf, St. Gem, and Thilenius— 8. Absent without Ijkavb — Messrs. Bunce, Davis of New Madrid, D'Oench, Ellis, Filley, Fletcher, Fulkerson, Grammer, McKernan, Owens, and Smith of Worth —11. Sick— Messrs. Cowden and Mitchell— 2. So the ordinance was adopted. Mr. Deakb offered the following resolu- tion, which was adopted: Resolved, That the ordinance providing for obtaining the votes of Missouri soldiers on the Constitution, be enrolled, and signed by the President and attested by the Secretary, and deposited in the oflBce of thfe Secretary of State. Mr. Strong offlfered the following ordi- nance as a substitute for the article on Rail- road Indebtedness: AN OBDINANCE for THE PAYMENT OF STATE AND RAILROAD INDEBTEDNESS. Be it ordained by the eople Fof the State of Missouri, in Convention assembled, as fol- lows:- Section 1. There shall be levied and col- lected from the Pacific Railroad Company, the North Missouri Railroad Company, and the St. Louis and Iron Mountain Railroad Company, an annual tax of ten per centUm of all their gross receipts for the transportation of freight and passengers (not iucluding amounts received from, and taxes paid to, the United States), from the first of October, 1866, to the first of October, 1868, and fifteen per centum thereafter; which tax shall be assessed and collected in the county of St. Louis, in the same manner as other State taxes are assessed and collected, and shall be appropriated by the General Assembly to the payment of the principal and interest now due, or hereafter to become due, upon the bonds of the State, and the bonds guar- anteed by the State, issued to the aforesaid railroad companies. Skc. 2. A like tax of fifteen per centum shall be assessed and collected from the Hannibal and St. Joseph Railroad Company, and from the Platte Country Railroad Com- pany, whenever default is made by said companies, or either of them, in the pay- ment of the interest or principal of the bonds of the State, or the bonds guaranteed by the State, issued to said companies, respectively; which tax shall be assessed and collected in such manner as the General Assembly may by law du'ect, and shall be applied for the payment of principal and interest of said bonds, as the same mav become due and payable. Sec. 3. The tax in this ordinance speci- fied shall be collected from each company hereinbefore named only for the payment of the principal and interest of the bonds for the pavment of which such company shall be liable; and whenever such bonds and interest shall have been fully paid, no further tax shall be collected from such com- pany; but nothing shall be received by the State in discharge of any amounts due npon said bonds, except cash, or other bonds or obligations of this State. Sec. 4. Should either of said companies fefuse or neglect to pay said tax, as herein required, and the interest or' principal of any of said bonds, or any part thereof, remain due and unpaid, the General Assem- bly shall provide by law for the sale of the railroad and other property, and the fran- chises of the company, that shall be thus in default under the lien reserved to the State; and shall appropriate the proceeds of sucli sale to the payment of the amount remain- ing due and unpaid from said company. Sec. 5. Whenever the State shall beeome the purchaser of any railroad or other prop- . erty, or the franchises, sold as hereinbefore provided for, the General Assembly shall provide by law in what manner the same shall be sold for the payment of the indebt- edness of the railroad company in default; but no railroad or other property, or fran- chises, purchased by the State, shall be restored to any such company until it shall have first paid, in money or in Missouri State bonds, or in bonds guaranteed by thi.s State, all interest due from said company; and all interest thereafter accruing shall De paid semi-annually, in adyance; and no sale or other disposition of any such railroad or other property, or the franchises, shall be made without reserving a lien upon all the property and franchises thus sold or disposed of for aU sums remaining unpaid; and all payhients therefor shall be made in money, or in the bonds or other obligations of this State. Sec. 6. The General Assembly shall pro- vide by law for the payment of all State indebtedness not hereinbefore provided for, and for this purpose a tax of one-quarter of one per centum on all real estate and other property and effects, subject to taxation, shall be assessed and collected, and shall be appropriated for the payment of all such indebtedness that may have matured; and 244 the surplus, if auy, shall be set apart. as a sinking fund for the payment of the obliga- tions of the State that may. hereafter become due, and for no other purpose whatsoever. Mr. Drake, chairman of the Enrolling Committee, made the following report: Me. President : The Enrolling Committee report the ordinance providing for obtaining the votes of Missouri soldiers on the Consti- tution as truly enrolled. CD. DKAKE; Chairman. On which the ordinance was signed by the President and attested by the Secretary, in presence of the Convention. After debate, Mr. Dodsojs^ demanded the previous question, which was sustained. The question then being on the adoption of the substitute for the article on Eailroad Indebtedness, offered by Mr. Strong, Mr. BoNHAM demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes— Messrs. Adams, Bedford, Bonham, Budd, Childress, Davis of Nodaway, Evans, Folmsbee, Gamble, Henderson, Holds worth, Hume, King, McPherson, Mack, Peck, Bankin, Smith of Mercer, Strong, Sutton, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 24. KOBS — Messrs. Barr, Bush, Dodson, D'Oench, Esther, Pilley, Gilbert of 'Ltiff- rence, Holcomb, Husmann, Linton, Eohrer, and Swearingen— 12. Absent with Leave — Messrs. Drake, Gil- bert of Platte, Holland, Hughes, Meyer, Morton, Newgent, St. Gem, and Switz- ler— 9. Absent WITHOUT Leave — ^Messrs. Bunce, Clover, Davis of New Madrid, Ellis, Fletcher , Foster, Gilstrap, Grammer, Green, Leonard, McKernan, MTartin, Nixdorf, Owens, and Thilenius — 15. Sick — Messrs. Cowden, Fulkerson, MitcheU, and Smith of Worth— 4. So the substitute for the ordinance was adopted. Mr. Bonham moved that the ordinance on Railroad Indebtedness be engrossed for a third reading; and on that motion demanded the previous question, which was sustained. The question then being on engrossing the said ordinance, Mr. Holcomb demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes— Messrs. Barr, Bedford, Bonham, Budd, Childress, Davis of Nodaway, Evans, Folmsbee, Gamble, Henderson, Holds- worth, Hume, King, McPherson, Mack, Peck, Kankinj Smith of Mercer, Strong, Sutton, Swearingen^ Weatherby, Williams of CaldweU,, Williams of Scotland, and Mr. President— 25. Noes — ^Messrs'. Bush, Dodson, D'Oench, Esther, Pilley, Gilbert of Lawrence, Hol- comb, Husmann, Linton, and Kohrer — 10. Absent with Leave — Messrs. Drake, Gil- bert of Platte, Holland, Hughes, Meyer, Morton, Newgent, Nixdorf, St. Gem, and Switzler— 10. Absent without Leave — Messrs. Adams, Bunoe, Clover Davis of New Madrid, Ellis, Fletcher, Foster, Fulkerson, Gilstrap, Grammer, Green, Leonard, McKernan, Martin, Owens, and Thilenius — 16. Sick — Messrs. Cowden, Mitchell, and Smith of Worth— 3. So the ordinance was ordered to be engrossed. Mr. Childress offered the following reso- lution: Resolved, That no member of this Con- vention, who shall have been absent with- out leave since the first day of March last, shall be entitled to any pay for the time he shall have been so absent, except in case of sickness. Mr. Childkkss demanded the previous question, which was sustained. The question then being on the adoption of said resolution, Mr. Evans demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes — Messrs. Barr, Bush, Childress, D'Oench, Evans, Filley, Gilbert of Law- rence, Green, Holdsworth, Husmann, Lin- ton, McPherson, Mack, Peck, Kankin, Sutton, Swearingen, Williams of Scotland, and Mr. President — 19. Nobs — Messrs. Adams, Bedford, Davis of Nodaway, Dodson, Ellis, Esther, Folmsbee, Gamble, Holcomb. Hume, King, McKer- nan, Eohrer, Smith of Mercer, Strong, Weatherby, and Williams of Caldwell— 1/. Absent WITH Leave — Messrs. Drake, Gil- bert of Platte, Holland, Hughes, Meyer, Morton, Newgent, Nixdorf, St. Gem, and Switzler— 10. Absent without Leave — Messrs. Bon- ham, Budd, Bunce, Clover, Davis of New Madrid, Fletcher, Foster, Fulkers.on, Gil- strap, Grammer, Henderson, Leonard, Martin, Owens, and Thilenius — 14. Sick — Messrs. Cowden. Mitchell, and Smith of Worth— 3. So the resolution was adopted. Mr. Fillet moved a recon.sideration of the vote by which the resolution offered by Mr. Childress was adopted; which motion was agreed to. On motion of Mr. Green, the resolution was then rejected. Mr. Strong, chairman of the Engrossing Committee, reported the ordinance on MUitia as truly engrossed. 245 Mr. Baek moved that the ordinance be read a third time and adopted, on -which Mr. Meyke demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Adams, Barr, Bedford, Bonham, Budd, Bush, Childress, Davis of Nodaway, Dodson, D'Oench, Drake, Ellis, Esther, Filley, Folmsbee, Gilbert of Law- rence, Henderson, Holdsworth, Holland. Hume, King, Linton, McKernaa, McPher- son. Mack, Peck, Eankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearingen. Switzler, Weatherby, WiUiams of CaldweU, and Williams of Scotland— 36. Noes— Messrs. Evans, Gamble, Holoomb, Husmann, Meyer, and Mr. President— 6. Absent with Lkave— Messrs. Foster, Gilbert of Platte, Hughes, Morton, New- gent, Nixdorf, St. Gem, and Thilenius— 8. Absent without Leave- Messrs. Bunce, Clover, Davis of New Madrid, Fulkerson, Gilstrap, Grammer, Leonard, Martin, and Owens — 9. Sick— Messrs. Cowden, Mitchell, and Smith of Worth— 3. Excused- Messrs. Fletcher and Green— 2. So the ordinance was adopted. Mr. Gkeen offered the following resolu- tion, which was adopted: Mesolved, That the Committee "on Accounts are hereby directed, after the Convention adjourns, to take charge and dispose of the furnitureandeffects of the Convention room, and apply the proceeds to defraying the expenses of the Convention. Mr. Filley, chairman of the Committee on Printing, presented the following report: The Committee on Printing respectfully report that,- after a careful investigation of the expense of printing and binding the Journal and Debates of the Convention, and inviting proposals for the work from various persons and establishments, thej"- have found the proposal of Messrs. McKee," Fishback & Co. as low as any other, and have accord- ingly made an arrangement with them to do the work at the following rates': For each thousaml ems ol: composition, sixty-five cents For paper, $10.40 per ream. Press work, 37 >!i cents per token For binding, folding and stitching, with strong paper cover, similar to the copies ol! the proceedings of the Convention of 1861, 10 cents per volume. The quality of paper, printing, and style, to be uniform with that of the Journal and Debates of the Convention of 1861. The committee recommend the adoption of the following resolutions : Resolved, That the Secretary of the Con- vention be instructed to deliver to McKee, Fishback & Co. the copy of the Journal of the Convention, for printing, after having carefully compared the same with the origi- nal record. Resolved, That the Eeporter of the Con- vention be insti-uoted to deliver to McKee, Fishback & Co. , the copy of the Debates and Proceedings, for printing. Resolved, That three thousand two hun- dred copies of the Journal and Debates be printed and bound, for the use of the mem- bers of the Convention; and that fifty copies thereof be delivered to each member, or sent to him, in such manner as the members may severally direct. CHAUNCEYI. FILLEY, WYLLYS KING, Majority Committee. St. Louis, April 8, 1865. We agree to do the work specified in the foregoing report on the terms therein stated. McKeB, FlSJttBACK & Co. Mr. D'Oench made the following minority report: The midersigned, a member of the Com- mittee on Printing, desires to say that he fully agrees with the report of the majjority of saia committee as far as the arrangement for printing and binding with Messrs. McKee , Fishback & Co., of this city, is made; but differs in this : that he recommends a sepa- rate contract for the printing of the Journal only, which would form a volume by itself. and could be published at an earlier day ; and that the speeches and proceedings should not be printed, as it will save a very large amount to our impoverished State. The undersigned is of opinion that, if the Con- vention desires to have the speeches and proceedings prjnted, the committee should be instructed to that effect, when a special contract could be made. AU of which is respectfully submitted. W. D'Oench. St. Louis, April 8, 1865. Mr. Green offered the following resolu- tion: Resolved, That the journal of the proceed- ings of this Convention, only, shall be published at public expense ; that the print- ing of the debates is unnecessary; and that the Committee on Printing be authorized to cause so manj' copies of the journals of the proceedings to be printed as may be neces- sary to furnish fifty copies to each member. Mr. Williams of Caldwell offered the following resolution, which was declared out of order : Resolved, That this Convention will adjourn sine die at 10 o'clock a. m., Monday, April 10, 1865. Mr. Drake moved to lay the resolution of Mr. Green on the table. On this motion Mr, Green demanded the ayes and noes; and the vote being taken, 'stood as follows : Ayes— Messrs. Barr, Bonham, Davis of Nodaway, Drake, Evans, Filley, Folmsbee, Henderson, Hume, King, McPh'erson, Mack, Peck, Smith of Mercer, Strong, Sutton, Switzler, Weatherby, and WiUiams of Cald- well— 19. 246 Noes— Messrs. Adams, Bedford, Bush, Childress, Dodson, D'Oeneh, Esther, Fletcher, Gamble, Gilbert of Lawrence, Green, Holcomb, Holdsworth, Holland, Husmann, Linton, McKernan, Meyer. Ran- kin, Kohrer, Swearingen, Williams of Scot- land, and Mr. President— 23. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Morton, Newgent, and St. Gem— 5. Absent without Leave— Messrs. Budd, Bunce, Clover, Davisof New Madrid, Ellis, Foster, Gilstrap, Grammer, Leonard, Mar- tin, Nixdorf, Owens, and Thilenius- 13. Sick — Messrs. Cowden, Fulkerson, Mitchell, and Smith of Worths. So the motion to lay on the table was rejected. On motion of Mr. Dkake, the Convention adjourned until 2 o'clock P.M. AFTERNOON SESSION. Convention met pursuant to adjournment, the President in the chair. Mr. Strong, chairman of the Engrossing Committee, reported that the ordinance for the Payment of State and Railroad Indebt- edness was truly engrossed. Mr. Strong offered the following amend- ment to said ordinance : Sec. 7. At the election to be held on the sixth day of June, eighteen hundred and sixty-five, for the purpose of ascertaining the sense of the people in regard to the adoption or rejection of the Constitution adopted by this Convention, the question of the adoption or rejection of this ordinance shall be submitted to the voters of this State, who shall be qualified as voters under the provisions of article thirteenth of said Consti- tution, and shall take the oath in said article prescribed; and the vote at such election shall be taken, and returns thereof made, at the same time, under the same restrictions, and in the same manner, as in said article is provided for the vote upon the question of the adoption or rejection of said Constitution. The election herein provided for shall be by ballot. Those ballots in favor of this ordi- nance shall have written or printed thereon the words, "Shall the railroads pay their bonds ? — Yes . ' ' Those opposed to this ordi- nance shall have written or printed thereon the words, ' 'Shall the railroads pay their bonds? — No." If the majority of "all the votes cast at such election shall be in favoi' of this ordinance, the same shall be valid and have full force and effect as a part of the Constitution of this State, whether the new Constitution adopted by this Convention be adopted or rejected. If a majority of such votes shall be against this ordinance, it shall have no force or validity whatsoever. The Governor of this State shall, by proclama- tion, make kno wh the result of the election herein provided for. Mr. Strong demanded the previous ques- tion, which was sustained.' Mr. Drake demanded a call of the house, which was sustained, and the following gentlemen answered to their names : Messrs. Adams, Barr, Bedford, Bonham, Budd, Bunce, Bush, Childress, Clover, Davis of Nodaway, Dodson. Drake, Ellis, Esther, Evans, Pilley, Foster, Fulkerson, Gamble, Gilbert of Lawrence, Gilstrap, Green, Henderson, Holcomb. Holdsworth, Holland, Hume, Husmann, King, Leonard, Linton, McKernan, McPherson, Mack, Mar- tin, Meyer, Peck, Rankin, Rohrer, Smith of Mercer. Strong, Sutton, Swearingen, Switzler, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President — 4S. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Morton, Newgent, Nix- dorf, and St. Gem— 6. Absent without Leave — Messrs. Davis of New Madrid, D'Oeneh, Fletcher, Folms- bee, Grammer, Owens, and Thilenius — 7. Sick — Messrs. Cowden, iMitohell, and Smith of Worth— 3. On motion of Mr. Barr, further proceed- ings under the call were dispensed with. The pending amendment, offered by Mr. Strong, was then adopted. Mr. Clover moved to lay on the table the ordinance on Railroad Indebtedness, on which Mr. Strong demanded the ayes and noes; and the vote being taken, stood as ' follows : Ayes — Messrs. Bush, Clover, Davis of Nodaway, Dodson, Drake, Ellis, Esther, Filley, Foster, Gilbert of Lawrence, Green, Holcomb, Holland, Husmann, Leonard, Linton, McKernan, Mack, Martin, Meyer, and Mr. President — 21. Noes — Messrs. Adams, Barr, Bedford, Bonham, Budd, Bunce, Childress, Evans, Fulkerson, Gamble, Gilstrap, Henderson, Holdsworth, Hume, King, McPherson, Peck, Rankin, Rohrer, Smith of Mercer, Strong, Sutton, Swearing^en, Switzler, Weatherby, Williams of Caldwell, and Wil- liams of Scotland — 27. Absent with Leave — ^Messrs. Gilbert of Platte, Hughes, Morton, Newgent, Nixdorf, and St. Gem— 6. Absent without Leave — Messrs. Davis of New Madrid, D'Oeneh, Fletcher, Folms- bee, Grammer, Owens, and Thilenius — 7. Sick — Messrs. Cowden, Mitchell, and Smith of Worth— 3. So the motion to lay the ordinance on the table was rejected. Mr. Green moved that the ordinance on Railroad Indebtedness be read for informa- tion; which motion was disagreed to. 24T The question then hein^ on the adoption of the ordinance, Mr. Bush demanded the ayes and noes thereon; and the vote being talcen, stood as follows: Ayes — Messrs. Adams, Barr, Bedford, Bonham, Budd, Bunce, Childress, Davis of Nodavi^ay, Evans, Folmsbee, Fnllierson, Gamble, Gilstrap, Henderson, Holds worth, Hume, McPherson, Mack, Peck, Bankin, Smith of Mercer, Strong, Sutton, Switzler, Weatherby. Williams of Caldwell, and Wil- liams of Scotland — 27 . Noes — Messrs. Bush, Clover, Dodson, D'Oench, Drake, Ellis, Esther, Filler, Gilbert of Lawrence, Green, Holcomb, Holland, Husmann, King Leonard, Linton, McKernan, Martin, Meyer, Rohrer, Swear- ingen, and Mr. President — 22. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Morton, Newgent, Nix- dorf, and St. Gem — 6. Absent without Leave — Messrs. Davis of New Madrid, Fletcher, Foster, Gram- mer, Owens, and Thilenius — 6. Sick— Messrs. Cowdeu and Mitchell— 2. Excused from Voting — Mr. Smith of Worth— 1. So the ordinance was adopted. Mr. Dkake, chairman of the Committee on Enrolling, presented the following report: Mr. President: The Enrolling Commit- tee beg leave to report that they have care- fully examined and compared the two enrolled copies of the Constitution . with the several engrossed articles thereof, as adopted by the Convention, and find the same to be (jorreotly and truly enrolled; and herewith lay the said two enrolled copies of the Con- stitution before the Convention. The committee further report that, in order to secure the enrollment of the Con- stitution in a proper manner and in due time, they were obliged to employ two gen- tlemen, Messrs. Andrew W. Mead and Michael J. MoGrath, to do the work; and it was agreed to pav them twenty cents per hundred words. "The number of words in tlie Constitution, upon a careful computa- tion, we find to be 17,062; and there is there- fore due to each of those gentlemen the sum of $34.12, which the committee recommend should be authorized to be paid to them; and we therefore submit the following resolution for adoption by the Convention : Resolved, That the Committee on Accounts shall allow and pay to Andrew W. Mead and Michael J. McGrath, each, the sum of $34.12, for their services in enrolling the Constitution. CD. DRAKE. • W. S. HOLLAND. WM. F. SWITZLER, Committee . Which resolution was adopted. Mr. Drake moved that the Constitution now be finally adopted; and on that motion he called ,for the previous question, which was sustained. Mr. Clover moved that the Constitution be read as a whole; which was disagreed to. Mr. Clover moved -that the article on the Right of Suffrage be read; which was dis- agreed to. The question then being on the final adop- tion of the Constitution, Mr. Drake de^ manded the ayes and noes thereon; and the vote being taken, stood as follows: Ayes — Messrs. Adams, Barr, Bonham, Budd, Bunce. Childress, i)avis of Nodaway, Dodson, Drake, Ellis, Esther, Evans, Filley, Folmsbee, Fulkerson, Gamble, Gilbert of Lawrence, Henderson, Holcomb, Holds- worth, Holland, Hume, King, Leonai'd, McKernan, McPherson, Mack, Martin, Peck, Rankin, Smith of Mercer, Strong, Sutton, Swearingen, Weatherby, Williams of Cald- ' well, Williams of Scotland, and Mi-. Presi- dent— 38. Noes— Messrs. Bedford, Bush, D'Oench, Fletcher, Foster, Gilstrap, Green, Husmann, Linton, Meyer, Rohrer, Smith of Worth, and Switzler — 13. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Morton, Newgent, Nixdorf, and St. Gem— 6. Absent without Leave — Messrs. Clover, Davis of New Madrid, Grammer, Owens, and Thilenius — 5. Sick — Messrs. Cowden and MitcheU — 2. So the Constitution was finally adopted. On motion of Mr. Drake, the Rev. Thos. Cole was in^dted to ofler prayer, which he came forward and did . Thereupon the following members and officers of the Convention proceeded to sign duplicate copies of the Constitution, in accordance with a resolution heretofore adopted by this body : Arnold Krekel, of St. Charles co., Pres't. Ciias. D. Drake, of St. Louis, Vice Pres't. Wm. B. Adams, of Montgomery county. A. J. Barr, of Ray county. A. M. Bedford, of Mississippi county. D. Bonham, of Andrew county. Geo. K. Budd, of St. Louis county. Harvey Bunce, of Cooper county. R. L. Childress, of Webster county. JohnH. Davis, ot Nodaway county. I. B. Dodson, of Adair county. John H. Ellis, of Livingston county. John Esther, of Laclede county. Ellis G. Evans, of Crawford county. Chauncey I. FiLLEY, of St. Louls county. J. W. Fletcher, of Jefferson county. 248 W. H. JToLMSBEE, of Daviess county. F. M. FuLKBRSON, of Saline county. John W. Gamble, of Audrain county. A. Gilbert, of Lawrence county. David Henderson, of Detit county. E. A. HoLCOMB, of Chariton county. "W. S. Holland, of Henry county. J . F . Hume , of Moniteau county . Wyllys King, of St. Louis county. Eebves Leonard, of Howard county. JohnF. McKernan, of Cole county. Archibald M. McPherson, of Perry county. John A. Mack, of Greene county. Ferdinand Meter, of St. Louis county. Dorastus Peck, of Ii-on county. Jonathan Thos. Rankin, of Dade county. K. G. Smith, of Mercer county. Geo. p. Strong, of St. Louis county. James T. Sutton, of Wayne county. John E. SwEAuiNcfatr, of Jackson county. Wm. F. Switzlbk, of Boone county. Lewis H. Weatheeby, of DeKalb county.' Jeremiah Williams, of Caldwell county. Eugene Williams, of Scotland county. Attest: AMOS P. FOSTER, Secretary. Thos. Proctor, AssH Secretary. The President read the following paper, and, in accordance therewith, signed Mr. Holdsworth's name to the duplicate copies of the new Constitution: _ The undersigned, member of this Conven- tion, hereby authorizes and empowers the President of the Convention to sia;n his name to the Constitution, when the same shall have been adopted. J. H. Holdsworth, from Monroe. Mr. Bare offered the following resolution ,■ which was adopted : Resolved, That the thanks of this Conven- tion are hereby tendered to Hon. Arnold Krekel, President of this body, for the able and impartial manner in which he has dis- charged the duties of his oflSoe. Mr. Bare offered the following resolution, which was adopted : Resolved, That this Convention do adjourn sine die on Monday next, at 10 o'clock, a. m. Mr.. Strong offered the following resolu- tion, which was adopted: Resolved, That the ordinance entitled "An ordinance for the organization and govern- ment of the Missouri militia, ' ' adopted by this Convention April S, 1865, and the ordi- nance entitled "An ordinance for the pay- ment of State and railroad indebtedness, ' ' adopted by this Convention Aprils, 1865, be enrolled , and a copy thereof, certified by the President and Secretary of this Convention, be Hied in, the office of the Secretary of State. The pending reports, and the amendment, relative to printing, were called up. The question then being on the amend- ment of Mr. Green, Mr. Bonham demanded the ayes and noes thereon; and the vote being taken, stood as follows : Ayes— Messrs. Bush, Dodson, Fletcher^ Foster, Gamble, Gilstrap, Holoomb, flus- mann, Linton, Meyer, Eohrer, Swearingen, and Williams of Scotland — 13. Noes — Messrs. Barr, Bedford, Bonham, Childress, Davis of Nodaway, Drake, Esther, Evans, Filley, Folmsbee, Fulkerson. Gil- bert of Lawrence, Henderson, Hume. King, McPherson, Mack, Peck, Smith of Mercer, Strong, Sutton, Switzler, Weatherby, Wil- liams of Caldwell, and Mr. President-^25. Absent with Leave — Messrs. Gilbert of Platte, Hughes, Morton, Newgent, Nix- dorf, and St. Gem— 6. Absent without Leave — Messrs. Adams, Budd, Bunco, Clover, Davis of New Madrid, D'Oenoh, Ellis, Grammer, Green, Holds- worth, Holland, Leonard, McKernan, Mar- tin, Owens, Rankin, and Thilenius — 17. Sick — Messrs. Cowden, Mitchell, and Smith of Worth— 3. So the amendment of Mr. Green was rejected. The questioif then being on the original resolutions offered by the committee, they were adopted. Mr. Dkaicb offered the following resolu- tion, which was adopted: Resolved, That twenty-five thousand copies of the Constitution, and the ordinance for the Payment of State and Railroad Indebt- edness, be printed on an open sheet (both being on the same sheet), .and that five thousand copies thereof be furnished to the Governor to be sent to the Missouri soldiers, and the remainder thereof be distributed among the members in equal proportions; and that tlie expense of transjuitting the same to the members be jDaid out of the money in the hands of the chairman of the Committee on Accounts. Mr. Barr moved to reconsider the vote by which the Constitution was adopted, and Mr. Drake moved to lay that motion on the table; which latter motion was agreed to. Mr. Drake offered the fbllowing resolu- tion, which was adopted : • Resolved, That the journal of this Con- vention be printed iii a volume separate from the debates and proceedings. Mr. Drake offei'ed the following resolu- tion, which was adopted: 249 Resolved, That tHe President of this Con- vention be continued in office ninety days after the final adjournment of the Conven- tion ; and that he he required to see that all property_ of the State, in possession of the Convention, be returned to the State; and that he be authorized, also, to do such other acts as may be necessary to close up the business ancl affairs of the Convention. Ml'. Williams of Caldwell offered the fol- lowing resolution, which was adopted: Resolved, That the Committee ou Printing be instructed to procure throe thousand copies of a list of the names, post-office address, occupation, etc., of members of this Convention, and distribute the same among the members. Mr. Evans offered the following resolu- tion, which was adopted: Resolved, That the thanks of this Conven- tion are due, and are tendered, to the Iron Mountain, North Missouri, Hannibal and St. Joseph, the Atchison, St. Joseph and Platte Coxintry, and the Pacific, railroad companies, for the courtesies extended to this Convention. Mr. Drake offered the following resolu- tion, which was adopted: Resolved, That the reporter of the Conven- tion be authorized to employ two assistants in the writing out of the debates and pro- ceedings, at twenty-five dollars per week, each, Tor a period not exceeding three months; and that the Committee on Ac- counts be authorized to pay such assistants. On- motion, the Convention adjourned until Monday morning next at 9 o'clock. SEVEN^TY-EiaBrTH D_A.Y. Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Drake, a call of the house was ordered, when the following members responded to their names: Messrs. Barr, Bedford, Bonham, Chil- dress, Dodson, Drake, Estliier, Fletcher, Folmsbee, Fulkerson, Gilbert of Lawrence, ' Gilstrap, Green, Henderson, Holcomb, Holdsworth, Hume, King, Leonard, Mc- Kernan, McPlierson, Peck, Rohrer, St. Gem, Smith of Mercer, Smith of Worth, Sutton, Swearingen, Thilenius, Weatherby, Wil- liams of Caldwell, Williams of Scotland, and Mr. President— 33. Absent— Messrs. Adams, Budd, Bunco, Bush, Clover, Davis of New Madrid, Davis of Nodaway, D'Oenoh, Ellis, Evans, Fil- ley, Foster, Gamble, Gilbert of Platte, Grammer, Holland, Hughes, Husmann, Linton, Mack, Martin, Meyer, Mitchell, Morton, Newgont, Nixdorf, Owens, Ran- kin, Strong, and Switzler — 30. Sick— Mr. Cowden— 1. On motion of Mr. Williams of Caldwell, further proceedings under the call were dis- pensed with . Mr. Drake offered the following resolu- tion : Resolved, That the resolution adopted on Saturday last, fixing the hour of 10 o'clock this day for adjournment, be rescinded. On which Mr. Drake demanded the pre- vious question, which was sustained, and the resolution was adopted. MONDAY, April 10th, 1865. The President caused a dispatch to be read, announcing the surrender of the rebel army under General Lee to General Grant. On motion of Mr. Drake, nine cheers were given for the glorious news just now received . Mr. Green offered the following resolu- tions : Resolved, Tliat we have reason to be thank- ful to Almighty God for the successes of our noble and patriotic army and navy; for the steady and persistent perseverance of our noble President in the work of breaking the power of the rebellion ; and especially for the noble and humane disposition whicli has been manifested by our authorities to our conquered enemy. Resolved, further. That we are ready to sustain our noble President, in the hour of victory, in whatever terms of amnesty he, with his constitutional advisers, may think it best to offer to those who have been in ai-ms against the Government; exeejit that we will not be willing to sanction any terms of peace which will admit of the perpetua- tion of slavery in any part of the Republic. Pending which, Mr. Strong moved to amend the last resolution by adding the following; "or the free pardon of the prin- cipal leaders who instigated this wicked rebellion." On motion of Mr. Drake, the question on the resolutions was divided; and, on motion, the first resolution was adopted. 250 Mr. Drake moved to lay the second reso- lution on the table, and on this motion demanded the ayes and noes; and the vote being- taken, stood as follows: Ayes— Messrs. Barr, Bedford, Bonham, Budd, Childress, Dodson, Drake, Ellis, Esther, Evans, Polmsbee, Foster, Fulker- 8on, Gilbert of Lawrence, Henderson, Hol- comb, Hume, Leonard, McKernan, Mc- Pherson, Meyer, Peck, Smith of Mercer, Strong, Sutton, Swearingen, Thilenius, Weatherby, Williams of Caldwell, Williams of Scotland, and Mr. President— 31. 15 CBS — Messrs. D'Oench, Fletcher, Gil- strap, Green, Holdsworth, Kin°r, Linton, Kohrer, St. Gem, and Switzler — 10. Absent with Lhave — Messrs. Gilbert of Platte, Hughes, Morton, Newgent and Nix- dorf— 5. Absent without Leave — ^Messrs. Adams, Bunce, Bush, Clover, Davis of New Madrid, Davis of Nodaway, Filley, Gamble, Gram- mer, Holland, Husniann, Mack, Martin, Owens, and Rankin — ^15. Sick — Messrs. Cowden, Mitchell, and Smith of Worth— 3. So the second resolution was laid on the table. Mr. Dbai£b oiFered the following resolu- tion, which was adopted: Resolved, That ten thousand ballots be primed for the soldiers' vote on the Con- stitution and Ordinance to be voted on, and that the same be delivered to the Governor, to be sent by the messengers dispatched by him to obtain the soldiers' vote. Mr. FoLMSBEE offered the following reso- lution: Resolved, That the Vice President of this Convention be appointed to superiiitend the printing of the journal and debates of this Convention, and other printing required to be done, after adjournment; and that he shall be entitled to the paj^ of a member of this body for each day in which he shall be engaged thereon. Mr. Gkeen moved that Mr. Clover be also added; which motion was disagi-eed to. Mr Bake offered the following amend- ment, which was adopted: Add, after the word "Convention," the words ' 'and the distribution of the same. ' ' The resolution, as thus amended, was adopted. Mr. Drake offered the following resolu- tion: Resolved, That when a member has been continuously absent without leave, for a time exceeding two daj's next preceding the final adjournment of the Convention, "the Com- mittee on Accounts shall not allow or pay Iiim any per diem for the time he was so absent, unless his absence was occasioned by his sickness, and the fact of such sickness reported to the Convention and noted on its journal, in the calling ot the ayes and noes; and the Secretary of the Convention is re- quired to make out and deliver to the chair- man of the Committee on Accounts a list of all members so absent without leave, with a statement of the date of such absence; and that said committee be required to pay immediately those members present on this day. Mr. Weatherby moved to lay the resolu- tion on the table, and on this motion Mr. Drake demanded the ayes and noes; and the vote being taken, stood as follows: Ayes— Messrs. Bedford, Fletchet, Folms- bee, Gilstrap, Green, Holcomb, Hume, Leonard, McKernan, Meyer, Jtiohrer, St. Gem. Smith of Mercer, Strong, Svvearingen, Thilenius, Weatherby, Williams of Caldwell, and Williams of Scotland — 19. Noes — Messrs. Barr, Bonham, Budd, Childress, D'Oench, Drake. Esther, Evans, Fulkerson, Gilbertof Lawrence, Henderson, Holdsworth, King, Linton, McPherson, Peck, Sutton, Switzler, and Mr. President —19. ' Absent with Leave — ^Messrs. Gilbert of Platte, Hughes, Morton, Newgeut, and Nixdorf— 5. Absent without Leave — ^Messrs . Adams, Bunce, Bush, Clover, Davis of New Madrid, Davis of Nodaway, Dodson, Ellis, FiUey, Foster, Gamble, 'Grammer, Holland, Hus- mann. Mack, Martin, Owens, Rankin, and Smith of Worth— 19. Sick — ^Messrs. Cowden and Mitchell — 2. So the resolution was not laid on the table. The question then being on Ihe passage of the resolution of Mr. Drake, he demanded the ayes and noes thereon; and the vote being taken, stood as follows: Ayks — Messrs. Barr, Bonham, Budd, Childress, D'Oench, Drake, Evans, Fulker- son, Gilbert of Law^rence, Henderson, Holds- worth, Linton, Peck, Switzler, and Williams of Scotland — 15. Noes — Messrs. Bedford, Esther, Fletcher, Folmsbee, Foster, Gilstrap, Green, Hol- comb, Hume. Kin^, Leonard, McKernan, McPherson, Meyer, Kohrer, St. Gem, Smith of Mercer, Strong, Sutton, Swearingen, Thilenius, Weatherby, Williams of Caldwell, and Mr. President — 24. Absent with Leave— Messrs. Gilbert ot Platte, Hughes, Morton, Newgent, and Nixdorf— 5. Absent without Leave — Messrs . Adams , Bunce, Bush, Clover, Davis of New Madrid, Davis of Nodaway, Dodson, Ellis, Filley, Gjimble, Grammer, Holland, Husmann, M!ack, Martin, Owens, Rankin, and Smith of Worth— 18. Sick — Messrs. Cowden and Mitchell — 2, So the resolution was rejected. 251 Mr. Drai£E offered the following resolu- tion, which was adopted: Resolved, That the Secretary be authorized to retain the journal clerk for two weeks after the adjournment of the Convention, at the same rate of compensation heretofore allowed said clerk, to be paid by the Com- mittee on Accounts. Mr. Strong offered tlie following resolu- tion, which was adopted: Resolved, That the thanks of this Conven- tion are due, and are hereby tendered, to the loyal clergymen of St. Louis, for their attendance and services as chaplains of this body . Mr. Draki! ottered the following resolu- tion, which was adopted: Resolved, That the Secretaiy of this Con- vention be continued in office after the .adjournment of the Convention , until he shall have completed the business thereof, in his department, but without any per-diem pay after this day. On motion of Mr. Dkakb, the Convention adjourned sine die. APPENDIX TO JOURNAL. APPENDIX, CONTAINING THE CX)NSTITimON ADOPTED BY THE CONVENTION OF 1865, THE PEOCLAMATIONS OF THE RATIFICATION THEEEOF BY THE PEOPLE, AND THE ORDINANCES ADOPTED BY THE CONVENTION. COI^STITTJTIOTsr OF THE STATE OF MISSOURI, AS REVISED, AMENDED, AND ADOPTED IN CONVENTION, BEGUN AND HELD AT THE CITY OF ST. LOUIS; ON THE SIXTH DAY OF JANUARY, EIGHTEEN HUNDRED AND SIXTY-FIVE. We, the people of the State of Missouri, grateful to Almighty God, the Sovereign Ruler of nations, for our State government, our liberties, and our connection with the American Union, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this revised and amended Constitution : ARTICLE I. DECLARATION OF RIGHTS. That the general, gi'eat, and essential pi'inciples of libei-ty and free government may be recognized and established, and that the relations of this State to the Union and Government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare: 1. That wo hold it to be self-evident, that all men are endowed by their Creator with certain inalienable rights, among which are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness : 2. That there can not be, in this State, either slavery of involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted: 3. That no person can, on account of color, be disqualified as a witness; or be disabled to contract, otherwise than as others are disabled; or be prevented from acquiring, holding, and transmitting property; or be liable to any other punishment, for any oflFense, than that imposed upon others for a like offense; or be restricted in the exercise of religious worship; or be hindered in acquiring education; or be subjected, in law, to 256 any other restraints or disqualifications, in regard to any personal rights, than such as are laid upon others under lilce circumstances: 4. That all political power is vested in and derived from the people; that all government of right originates from the people. Is founded upon their will only, and is instituted solely for the good of the whole: 5. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of government, whenever it may be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States: 6. That this State shall ever remain a member of the American Union; that the people thereof are a part of the American Nation; and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union, or to sever said Nation, ought to be resisted with the whole power of the State: 7 . That every citizen of this State owes paramount allegiance to the Constitution and Government of the United States ; and that no law or ordinance of this State, in contraven- tion or subversion thereof, can have any binding force: 8. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance; and that their right to bear arms in defense of themselves, and of the lawful authority of the State, can not be questioned: 9. That all men have a natural and indefeasible right to worship Almighty God accord- ing to the dictates of their own consciences; that no person can, on account of his religious opinions, be rendered ineligible to,any office of trust or profit under this State, nor be dis- qualified from testifying, or trom serving as a juror; that no human authority can control or interfere with the rights of conscience; and that no person ought, by any law, to be molested in his person or estate on account of his religious persuasion or profession; but the liberty of conscience hereby secured shall not be so construed ,as to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace, or safety of the State, or with the rights of others : 10. That no person can be compelled to erect, support, or attend any place of worship, or to maintain any minister of the Gospel or teacher of religion; but whatever contracts any person may enter into for any such object ought, in law, to be binding and capablfe of enforcement, as other contracts: 11. That no preference can ever be given, by law, to any church, sect, or mode of worship: 12. That no religious corporation can be established in this State; except that, by a gen- eral law, uniform throughout the State, any church, or religious society, or congregation, may become a body corporate, for the sole purpose of acquiring, holding, using, and disposing of so much land as may be required for a house of public worship, a chapel, a parsonage, and a burial ground; and managing the same, and conti-acting in relation to such land, and the buildings thereon, through a board of trustees, selected by themselves; but the quantity of land to be held by any such body corporate, in connection with a house of worship or a parsonage, shall not exceed five acres in the country, or one acre in a town or city : 13. That every gift, sale, or devise of land to any minister, public teacher, or preacher of the Gospel, as such, or to any religious sect, order, or denomination; or to or for the support, use, or benefit of, or in trust for, any minister, public teacher, or preacher of the Gospel, as such, or any religious sect, order, or denomination; and every gift or sale of goods or chattels to go in succession, or to take place after the death of the seller or donor, to or for such support, use, or benefit; and also every devise of goods or chattels, to or for the support, use, or benefit of any minister, public teacher, or preacher of the Gospel, as such, or any religious sect, order, or denomination, shall be void; except always any gift, sale, or devise of land to a church, religious society or congregation, or to any person or persons in trust for the use of a church, religious society or congregation, 257 whether incoi-poratecl or not, for the uses and purposes, and within the limitations, of the next preceding- clause of this article: 14. That all elections ought to he free and open : 15. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property, or character; and that right and justice ought to be administered without sale, denial, or delay: 16. That no private property ought to be taken or appUed to public use, without just compensation : 17. That the right of trial by jury shall remain inviolate : 18. That in all criminal prosecutions the accused has the right to be heard by himself and his counsel ; to demand the nature and cause of accusation ; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and in prosecutions on presentment or indictment, to a speedy trial by an impartial jury of the vidnage ; that the accused can not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by the judgment of his peers, or the law of the land : 19. That no person, after having been once acquitted by a jury, can, for the same offense, be again ptit in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had, may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of said court: 20. That all persons shall be bailahle by sufficient sureties, except for capital offenses, when the x)roof is evident or the presumption great: 21. That excessive bail shall not be required, nor excessive lines imposed, nor cruel and unusual punishments inflicted: 22. That the privilege of the writ of habeas cm-pus can not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it: 23. That the people ought to be secure in their persons, papers, houses and effects, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, can issue, vnthout describing the place to be searched, or the person or thing to be seized, as neai-ly as may be; nor without probable cause ^ supported by oath or aiBrmation : 24. That no person can; for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval, forces, or in the militia, when in actual service in the time of war or public danger, or, by leave of court, for oppression or misdemeanor in office: 25. That ti-easou against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort: 26. That no person can be attainted of treason or felony by the General Assembly; that no conviction can worls corruption of blood; that there can be no forfeiture of estate for any crime, except treason; and that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death: 27. That the fi-ee communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libel, the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court: 28. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed: 29. That imprisonment for debt can not exist in this State, except for fines or penalties imposed for violation of law: 30. That all property subject to taxation ought to be taxed in proportion to its value: 31.' That no title of nobility, or hereditary emolument, privilege, or distinction, can be granted : P 258 32. That the military is, and in all cases and at all times ought to be, in strict subordi- nation to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in such manner as may be prescribed by law; nor can any appropriation tor the support of an army be made for a longer period than two years. ARTICLE II. EIGHT OF SDFFEAGE. Section 1. All elections by the people shall be by ballot. No election shall continue longer than one day, except as provided in the twenty-fu-st section of this Article. Sec. 2. General Elections shall beheld biennially, on the Tuesday next after the first Monday in November. The first general election under this Constitution shall be held on that day, in the year one thousand eight hundred and sixty -six. Should Congress direct the appointment of electors of President and Vice President of the United States on anj' other day than that now established, the General Assembly may change the time of holding general elections, so as to provide for holding them on the day whicli may be designated by Congress for that purpose, and on the coiTesponding day two years there- after. No special election, State, county, or municipal, shall be ajipointed to be held on a Monday. Seo. 3. At any election held by the people under this Constitution, or in pursuance of any law of this State, or under any ordinance or by-law of any municipal corporation, no person sliall be deemed a qualified voter, who has ever been in armed hostility to the United States, or to the lawful authorities thereof, or to the Government of this State; or has ever given aid, comfort, countenance, or support to persons engaged in any such hostility ; or has ever, in any manner, adhered to the enemies, foreign or domestic, of the United States, either by contributing 1^ them, or by unlawfully sending within their lines, money, goods, letters, or information; or has ever disloyally held communication with such enemies ; or has ever advised or aided any person to enter the service of such enemies ; or has ever, by act or word, manifested his adherence to the cause of such enemies, or his desire for their triumph over the ai'ms of the United States, or his sj-mpathy with those engaged in exciting or carrying on i-ebellion against the United States; or has ever, except under overpowering compulsion, submitted to the authority, or been in the service, of the so-called "Confederate State.s of America;" or has left this State, and gone within the lines of the armies of the so-oalleA • 'Confederate States of America, ' ' with the purpose of adhering to said States or armies; or has ever been a inember of , or connected with, any oi-der, society, or organization, inimical to the Government of the United States, or to the Government of this State; or has ever been engaged in guerrilla warfare against loyal inhab- itants of the United States, or in that description of marauding comtnonly known as "bush- whacking;" or has ever knowingly and willingly harbored, aided, or countenanced, any person so engaged; or has ever come into or left this State for tlie purpose of avoiding enrollment for or draft into the military service of the United States; or has ever, with a view to avoid enrollment in the militia of this State, or (» escape the performance of duty therein, or for any other purpose, enrolled himself, or authorized himself to be enrolled, by or before any officer, as disloyal, or as a Southern sympathizer, or in any other terms indicating his disaffection to the Government of the United States in its contest with rebellion, or his sympathy with those engagbd in such rebellion; or, having ever voted .it any election by the people in this State, or in any other of the United States, or in any of their Territories, or held office in this State, or in any other of the United States, or in any of their Territories, or under the United States, shall thereafter have sought or received, under claim of alienage, the protection of any foreign governmeilt, through any consul or other officer thereof, in order to secure exemption from military duty in the militia of this State, or in the army of the United States; nor shall any such person be capable of holding, in this State, any office of honor, trust, or profit, under its authority; or of being an officer, councilman, director, trustee, or other manfeer of 259 any corporation, public or private, now existing or hereafter established bj its authority; or of acting as a professor or teacher in any educational institution, or in any common or other school; or of ^lolding any i-eal estate, or other property, in trust for the use of any church, religious society, or congregation. But the foregoing provisions in relation to acts done against the United States shall not apply to any person not a citizen thereof, whv shall have committed such acts while in the service of some foreign country at war witli the United States, and who has, since such acts, been naturalized, or may hereafter be naturalized, under the laws of the United States; and the oath of loyalty hereinafter prescribed, when talien by such person, shall be considered as taken in such sense. Sec. 4. The General Assembly shall immediately provide by law for a complete and uniform registration, by election districts, of the names of qualifled voters in this State; which registration shall be evidence of the qualification of all registered voters to vote at any election thereafter held; but no person shall be excluded from voting at any election, on account of riot being registered, until the Greneral' Assembly shall have passed an act of registration, and the same shall have been carried into effect; after which no person shall vote unless his name shall haveb^en registered at least ten days before the day of the election; and the fact of such registration shall be not otherwise shown than by the register, or an authentic copy thereof, certified to the judges of election by the register- ing olficer or officers, or other constituted authority. A new registration shall be made within sixty days next preceding the tenth day prior to every biennial general election ; and after it shall have been made, no person shall establish his right to vote by the fact of his name appearing on any previous register. Sec. 5. Until such a system of registration shall have been established, every person shall, at the time of offering to vote, and before his vote shall be received, talse an oath in the terms prescribed in the next succeeding section. After such a system shall have been established, the said oath shall be taken and subscribed by the voter at each time of his registration. Any person declining to take said oa;th shall not be allowed to vote, or to be registered as a qualifled voter. The taking thereof shall not be deemed conclusive evi- dence of the right of the person to vote, or to be registered as a voter; but such right may, notwithstanding, be disproved. And, after a system of i-egistration shall have been established, all evidence for and against the right of any person as a qualified voter shall be heard and passed upon by the registering officer or officers, and not by the judges of election. The registering officer or officers shall keep a register of the names of persons rejected as voters, and the same shall be certified to the judges of election; and they shall receive the ballot of any such rejected voter offering to vote, marking the same, and cer- tifying the vote thereby given as rfejeeted; but no such vote shall be received unless the party offering it take, at the time, the oath of loyalty hereinafter prescribed. Sec. 6. The oath to be taken as aforesaid shall be known as tlie Oath of Loyalty, and shall be in the following terms: "I, A. B. , do solemnly swear, that I am well acquainted with the, terms of the third section of the second Article of the Constitution of the State of Missouri, adopted in the year eighteen hundred and sixty-five, and have carefully considered the same; that I have never, directly or indirectly, done any of the acts in said section specified; that I have always been truly and loyally on the side of' the United States against all enemies thereof, foreign and domestic; that I will bear true faith and aJlegianoe to the United States, and will support the Constitution and' laws thereof, as the supreme law of the land, any law or ordinance of any State to the contrary notwithstanding; that I will, to the best of my ability, protect and defend the Union of the United States,, and not allow the same to be broken up and dissolved^ or the Government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it; that I will support the Constitution ot the State of Missouri; and that I make this oath without any mental reservation or evasion, and hold it to be binding on me." Sec. 7. Within sixty days after this Constitution takes effect, every person in this State holding any office of honor, trust, or profit uiider the Constitution or laws thereof, or 260 under any municijial corporation, or any of the other offices, positions, or trusts mentioned in the third section Of this Article, shall take and subscribe the said oath. If any officer or person referred to in this section shall fail to comply with the recLuirements tliereof, his office, position, or trust, shall, ipso facto, become vacant, and the vacancy shall be filled according to the law governing the case. Sec. 8. No vote in any election by the people shall be cast up for, npr shall any cei-tiflcate of election be granted to, any person who shall not, within fifteen days next preceding such election, have taken, subscribed, and filed said oath. Sec. 9. No person shall assume thei duties of any State, county, city, town, or other office, to which he may be appointed, otherwise than by a vote of the people; nor shall any person, after the expiration of sixty days after this Constitution takes effect, be permitted to practise as an attorney or counselor at law; nor, after that time, shall any person be competent as a bishop, priest, deacon, minister, elder, or other clergyman of any religious persuasion, sect, or denomination, to teach, or preach, or solemnize marriages, unless such person shall have first taken, subscribed, and filed said oath. Sec. 10. Oaths taken in pursuance of the seventh, eighth, and ninth sections of this Article shall be filed, as follows: By a State civil officer, or a candidate for a State civil office, and bj' members and officers of the present General Assembly, in the office of the Seci'etary of State; by a military officer, m the office of the Adjutant General; by a candidate for either house of the General Assembly, in the clerli's office of the County Court of the county of his residence, or in that of the county where the vote of the district is required by law to be cast up, and the certificate of; election granted; by a city or town olficer, in the office where the archives of such city or town are kept; and in all other cases, in the office of the clerk of the County Coiu-t of the county of the person's residence. Sec. 11. Every court in which any person shall be summoned to serve as a grand or petit juror, shall require him, before he is sworn as a juror, to take said oath in open cburt; and no person refusing to take the same shall serve as a juror. Sec. 12. If any person shall declare that he has conscientious scruples against taking an oath, of swearing in any form, the said oath may be changed Into a solemn affirmation, and be made by him in that form. Sec. 13. In addition to the oath of loyalty afoi-esaid, every person who may be elected or appointed to any office shall, before entering upon its duties, take and subscribe an oath or affirmation that he will, to the best of his skill and ability, diligently and faith- fully, without partiality or prejudice, discharge the duties of such office according to the Constitution and laws of this State. Sec. 14. Whoever shall, after the times limited in the seventh and ninth sections of this Article, hold or exercise any of the offices, positions, ti'usts, professions, or functions therein specified, without having taken, subscribed, and filed said oath of loyalty, shall,; on conviction thereof, be punished by fine not less than five hundred dollars, or by imprisonment in the county jail not less than six months, or by both such fine and imprisonment; and whoever shall take said oath falsely, by swearing or by affirmation, shall, on conviction thereof, be adjudged guilty of perjury, and be punished by imprison- ment in the penitentiary not less than two years. Sec. 15. "Whoever shall be convicted of having, directly or indirectly, given or oflered any bribe to procure his election or appointment to any office, shaU be disqualified for any office of honor, trust, or profit, under this State; and whoever shall give or offer any bribe to procure the election or appointment of any other person to any office, shall, on conviction thereof, be disqualified for a voter, or any office of honor, trust or profit under this State, for ten years after such conviction. Sec. 16. No officer, soldier, or marine, in the regular army or navy ot the United States, shall be entitled to vote at any election in this State. Sec. 17. No person who shall make, or become, directly or indirectly, interested in, any bet or wager depending upon the fesult of any election, shall vote at such election. Sec. 18. Every white male citizen of the United States, and every white male person of foreign birth who may have declared his intention to become a citizen of the United States, 261 according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, who is not disqualifled by or under any of the provisions of this Constitution, and who shall have complied with its requirements, and have resided in this State one year next preceding any election, or next preceding his registration as a voter, and during the last sixty days of that period shall have resided in the county, city, or town where he offers to vote, or seeks registration as a voter, shall be entitled to vote at such election for all officers, State, county, or municipal, made elective by the people; but he shall not vote elsewhere than in the election district of which he is at the time a resident, or. after a system of registration of votes shall have been established, in the election district where his name is registered ; except as provided in the twenty-first section of this Article. , >.. Sec. 19. After the fli-st day of January, one thousand eight hundred and seventy-six, every person who was not a (juallfled voter prior to that time, shall, in addition to the other qualifications required, be able to read and write, in order to become a qualified voter; unless his inability to read or write shall be the result of a physical disability. Sec. 20. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State,'OT- of the United States, or of the high seas; nor while a student in any seminary of learning; nor while kept at any poorhouse or other asylum at pUblie expense; nor while confined in any public prison . , ; , , Sec. 21. Any qualified voter, under the eighteenth section of this Article, who may be absent from the place of his residence by reason of being in the volunteer army of the United States, oi' in the mUitia force of this State, in the service thereof, or of the United States, whether within or without the State, shall, without registration, be entitled to vote in any election occurring during such absence. The votes of all such persons, wherever they may be, may be taken on the day fixed by law for such election, or on any day or da;|'s within twenty days next prior thereto; and the General Assembly shall provide, by law, for the taking, retui-n, and counting of such votes. Every such person shaU take the same oath that all otlier voters may be required to take, in order to vote. Sec. 22. Voters shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during theii- continuance at elections, and in going to and returning from the same. Sec. 23. Any person who may, at any time, have done any act which, under the third section of this Article, has disqualified or may disqualify him as tlierein expressed, and who shall, after the commission of such act, have voluntarily entered the military service of the United States, and have been honorably discharged therefrom, and, after such discharge, have demeaned himself in all respects as a loyal and faithful citizen, may be relieved from such disqualification. In order thereto, he shall, in person, present his petition to the Circuit Court of the county of his residence, stating specifically the act or acts which produced such disqualification, and the grounds upon which he prays to be relieved therefrom; and the coui-t shall set a day for hearing the cause, not less than five days after the presentation of the petition; when, if it appear by competent proof that the petitioner is justiy entitled to the relief prayed for, the com-t shall make a decree removing such disqualification. But any act done by such person after the date of such decree, which would impose a disqualification under said third section of this Article, shall make such decree null and void, and remit him to his previous condition of disqualification; and no such decree IhaU be granted a second time in his favor. Sec. 24. After any person shall have been so relieved by the decree of a Circuit Court, he shall, in order to vote, or hold any of the offices, positions, or trusts, or exercise any of the privileges or functions hereinbefore specified, take the oath of loyalty aforesaid, except the part thereof which refers to the thu-d section of this Article and to the past acts or loyalty of the person taking the oath. Sec. 25. After the first day of January, one thousand eight hundred and seventy-one, and until the date hereinafter named, the General Assembly shall have power, if a majority 262 of all the. members elected to both houses concur therein, to suspend or repeal any part ol the third, fifth, and sixth sections of this Article, so far as the same relate to the qualifications of voters, but no farther. After the first day ol January, one thousand eight hundred and seventy-five, the General Assembly mny wholly suspend or repeal the third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh and twelfth sections of this Article, or any part thereof, if a like majority of both houses concur therein. But no such suspension or repeal shall have the eft'ect of dispensing with the taking, by eveiy person elected or appointed to any ofHce_ in this State, of so much of the oath of loyalty aforesaid as follows the word "domestic." On the passage of any bill suspending or repealing any of said sections, or any part thereof, the votes of both houses shall be taken by yeas and nays, and entered on the journals of the houses, respectively. The General Assembly shall also have power, at any time, to remove any such suspension or repeal, and reinstate the provisions suspended or repealed in full force and effect as a part of this Constitution. Eveiy suspension or repeal made iii pursuance of this section shall be general in its terms, and not in any case in favor of any named person; but the General Assembly may except from the benefit of such suspension or repeal any person, or class ot persons, it may see fit. Sec. 26. The General Assembly shall provide for the exclusion from every oflfice of honor, trust, or profit within this State, and from the right of suffrage, of any person convicted of bribery, perjury, or other infamous crime. AKTICLE in. DISTRIBUTION OP POWEBS. The powers of government shall be divided into three distinct departments, each of which shall be confided to a, separate magistracy; and no person charged with the exercise of powers properly belonging to one of those departments shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. ARTICLE IV. LEGISLATIVE DBPAKTMENT. Sbotion 1. The legislative power shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. Sec. 2. The House of Eepresentaties shall consist of members to be chosen, every seoondyear, by the qualified voters of the several counties, and apportioned in the follow- ing manner: The ratio of representation shall be ascertained at each apportioning session of the General Assembly, by dividing the whole number of permanent inhabitants of the State by the number two hundred. Each county having one ratio, or less, shall be entitled to one Representative; each county having three times said ratio shall be entitled to two Representatives; each county having six times said ratio shall be entitled to three Representatives; and so on above that number, giving one additional member for every three additional ratios. When any county shall be entitled to more than one Repre- sentative, the County Court shall cause such county to be subdivided into as many com- pact and convenient districts as such county may be entitled to Representatives; which districts shall be, as near as may be, ol equal population; and the qualified voters of each of such districts shall elect one Representative, who shall be a resident of such district. Sec. 3. No person shall be a member of the House of Representatives who shall not have attained the age of twenty -four years; who shall not be a white male citizen of the United States; who shall not have been a qualified voter of this State two years, and an inhabitant of the county which he may be chosen to represent one year, next before the day of his election, if such county shall have been so long established; but if not, then of the county from which the same shall have been taken; and who shall not have paid a State and county tax. 263 Sec. 4. The Senate shall consist of thirty-four members, to be chosen by the qualified voters for four yeaEs; for the election of whom the State shall be divided into convenient districts. Sec. 5. No person shall be a Senator who shall not have attained the age of thirty years; who shall not be a white male citizen of the United States; who shall not have been a qualified voter of this State three years, and an inhabitant of the district which he may be chosen to represent one year, next before the day of his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken; and who shall not have paid a State and county tax. When any county shall be entitled to more than one Senator, the County Court shall cause such county to be subdivided into as many compact and convenient distripts as such county may be entitled to Senators; which districts shall be, as near as may be, of equal population; and the qualified voters of each of such districts shall elect one Senator, who shall be a resident of such district. Sec. 6. Senators shall be apportioned among their respective districts, as nearly as miay be, according to the number of permanent inhabitants in each. Sec. 7. Senators and Representatives shall be chosen according to the rule of appor- tionment established in this Constitution, until the next decennial census taken by the United States shall have been made, and the result thereof as to this State ascertained, when the apportionment shall be revised and adjusted on the basis of that census. In the year one thousand eight hundred and seventy-six, and every tenth year thereafter, there shall be taken, under the authority of this State, a census of the inhabitants thereof; and after every such census the apportionment of Senators and Representatives may be based thereon, until the next succeeding National census; after which it may be based upon the National census, until the next succeeding decennial State census; and so on, from time to time, the enumerations made by the United States and this State shall be used, as they respectively occur, as the b.asis of apportionment. Sec. 8. Senatorial and Representative districts may be altered, from time to time, as public convenience may require. When any Senatorial district shall be composed of two or more counties, they shall be contiguous. Sec. 9. The first election of Senators and Representatives under this Constitution shall be held at the general election in the year one thousand eight hundred and sixty-six, when the whole number of Senators and Representatives shall be chosen. Sec. 10. At the regular sessiou of the General Assembly chosen at' said election, the Senators shall be divided into two equal classes. Those elected from districts bearing odd numbers shall compose the first class, and those elected from districts bearing even numbers shall compose the secpnd class. The seats of the first class shall be vacated at the end of the second year after the day of said election, and those of the second class at the end of the fourth year after that day; so that one-half of the Senators shall be chosen every second year. In districting any county for the election of Senators, the districts shall be numbered so as to effectuate the division of Senators into classes, as required in this section. Sec. 11. No member of Congress, or person holding any lucrative oflSce under the United States or this State (militia oflBcers, justices of the peace, and notaries public excepted), shall be eligible to either house of the General Assembly, or shall remain a member thereof after having accepted any such office, or a seat in either house of Congress. Sec. 12. No person who now is. or may hereafter be, a collector or holder of public mone3% or assistant or deputy of such collector or holder of public money, shall be eligible to either house of the General Assembly until he shall have accounted for and Xjaid all sums for which he may be accountable. Sec. 13. If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. Sec. 14. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the General Assembly. 264 Sec. 15. No Senator or Representative shall, during the term for which he shall have been elected, he appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased, during his continuance in office as a Senator or Representative, except to such offices as shall be filled by elections of the people. Sec. 16. Senators and Representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and for fifteen days next before the commencement and after the termination of each session ; and for any speech or debate in either house they shall not be questioned in any other place. Sec. 17. The members of the General Assembly shall severally receive from the public Treasury such compensation for their services as may, from time to time, be provided by law; but no law increasing such compensation shall take effect in favor of the members of the General Assembly by which the same shall have been passed. Sec. 18. A ma,jority of the whole number of, members of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house may provide. Sec. 19. Each house shall appoint its own officers; shall judge of the qualifications, elections, and returns of its own members; may determine the rules of its proceedings; may arrest and punish, by fine not exceeding three hundred dollars, or by imprisonment in a county jail not exceeding ten days, or both, any person not a member who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its pi-es- ence, during its session; may punish its members for disorderly behavior; and, with the concurrence of two-thirds of all the members elected, may expel a member; but no mem- ber shall be expelled a second time for the same cause. Sec. 20.' Each house shall, from time to time, publish a journal of its proceedings, except such parts thereof as may, in its opinion, require secrecy; and the yeas and nays on any question shall be taken, and entered on the journal, at the desu-e of any two mem- bers. Whenever the yeas and nays are demanded, the whole list of members shall be called, and the names of absentees shall be noted, and published with the journal. Sec. 21. The sessions ot each house shall be held with open doors, except in cases which may require secrecy. Sec. 22. Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than that in which the two houses may be sitting. Sec. 23. Bills may originate in either house, and may be altered, amended, or rejected by the other; and every bill shall be read on three different days in each house, unless two-thirds of the house, where the same is pending, shall dispense with this rule; and every bill, having passed both houses, shall be signed by the Speaker of the House of Representatives, and by the President of the Senate. Sec. 24. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assemblj', and the question upon the final passage shall be taken immediately upon the last reading; and the yeas and nays shall be taken thereon and entered upon the journal. Sec. 25. No act shall be revived or re-enacted by mere reference to the title thereof; nor shall any act be amended by providing that designated words thereof shall be struck out, or that designated words shall be struck out and others inserted in lieu thereof; but in every such case the act revived or re-enacted, or the act or part of act amended, shall be get forth and published at length, as if it were an original act or provision . Sec. 26. The style of the laws of this State shall be — ' '■Be it enacted by the General Assembly of the State of Missouri, as follows. ' ' Sec. 27. The General Assembly shall not pass special laws divorcing any named parties; or declaring any named person of age; or authorizing any named minor to sell, lease, or encumber his or her property; or providing for the sale of the real estate of luiy 265 named minor or other person, laboring mider legal disability, by any executor, admin- istrator, guardian, trustee, or other person; or changing the name of any person; or establishing, locating, altering the course, or affecting the construction of roads, or the building or repairing of bridges; or establishing, altering, or vacating any street, avenue, or alley in any city or town; or extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of his official duties; or giving effect to informal or invalid wills or deeds; or legalizing, except as against the State, the unauthorized or invalid acts of any officer; or granting to any individual or company the right to lay down railroad tracks in the streets of any city or town; or exempting any property of any named person or corporation from taxation. The General Assembly shall pass no special law for any case for which provision can be made by a general law; but shall pass general laws providing, so far as it may deem neces- sary, for the cases enumerated in this section, and for all other cases where a general law can be made applicable. Sec. 28. The General Assembly shall never authorize any lottery; nor shall the sale of lottery tickets be allowed ; nor shall any lottery heretofore authorized be permitted to be drawn^ or tickets therein to be sold. Sue. 29. The General Assembly shall have no power to make compensation for emanci- pated slaves. Sbc. 30. The General Assembly shall have no power to remove the county seat of any county, unless two-thirds of the qualified voters ot the county, at a general election, shall vote in favor of such removal. Ko compensation or indemnity for real estate, or the improvements thereon, affected by such removal, shall be allowed. Sec. 31. The General Assembly shall have no power to establish any new county with a territory of less than five hundred square miles, or with a population less than the ratio of representation existing at the time; nor to reduce any county now established to less than that area, or to less population than such ratio. Sec. 32. No law enacted by the General Assembly shall relate to more than one sub- ject, and that shall be expressed in the title; but if any subject embraced in an act be not expressed in the title, such act shaU be void only as to so much thereof as is not so expressed. Sec. 33. The General Assembly shall direct, by law, in what manner, and in what courts, suits may be brought against the State. Sec. 34. When any officer, civil or military, shall be appointed by the joint or concur- rent vote of both houses, or by the separate vote of either house, the votes shall be pub- licly given viva voce, and entered on the journals. Sec. 35. The General Assembly, elected in the year one thousand eight hundred and sixty-six, shall meet on the first Wednesday of January, one thousand eight hundred and sixty-seven; and thereafter the General Assembly shall meet, in regular session, once in every two years; and such meeting shall be on the first Wednesday of January, unless a different day be fixed by law. ARTICLE \ . EXECUTIVE DEPARTMENT. Section 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled ' ' The Governor of the State of Missouri. ' ' Sue. 2. The Governor shall be at least thirty-five years old, a white male citizen of the United States ten years, and a resident of this State seven years, next before his election. Sec. 3. The Governor elected at the general election in the year one thousand eight hundred and sixty-eight, and each Governor thereafter elected, shall hold his office two years, and until a successor be duly elected and qualified. At the time and place of voting for members of the House of Representatives, the qualified voters shall vote for a Gov- ernor- and when two or more persons have an equsil number of votes, and a higher number than any other person, the election shall be decided between them by a joint vote of both houses of the General Assembly, at their next session. 266 Sec. 4. The Governor shall not be eligible to office more than four years in six. Sec. 5. The Governor shall be commander-in-chief of the militia of this State, except when they shall be called into the service of the United States; but he need not command in person, unless advised to do so by a resolution of the General Assembly. Sec. 6. The Govei-nor shall have the power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, sub- ject to such regulations as may be provided by law relative to the manner of applying for pardons. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, .the date of the commuta- tion, pardon, or reprieve, and the reasons for granting. the same. He shaU take care that the laws be distributed and faithfully executed; and shall be a conservator of the peace throughout the State. Sisc. 7. The Governor shall, from time to time, give to the General Assembly informa- tion relative to the state of the Government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the General Assembly: by proclamation, wherein he shall state specifically «ach matter concerning which the action of that body is deemed necessary; and the General Assembly shall have no power, when so convened, to act upon any matter not so stated in the proclamation. Sec. 8. When any office shall become vacant, the Governor, unless otherwise provided by law, shall appoint a person to All such vacancy, who shall continue in office until a successor shall be duly elected or appointed, and qualified, according to law. Sec. 9. Every bill which shall have been passed by both houses of the General Assem- bly, before it becomes a law shall be presented to the Governor for his approbation. If he j approve, he shall sign it; if not, he shall return it, with his objections, to the house in ' which it shall have originated; and the house shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill. After such reconsideration, if a majority of all the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall, in like man- ner, be reconsidered; and if approved by a majority of all the members elected to that house, it shall become a law. In all such cases the votes of both houses shall be taken by yeas and nays, and the names of the members voting for and against the biU shall be entered on the journals of each house, respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been pre- sented to him, the same shall become a law, in like manner as if the Governor had signed it, unless the General Assembly, by its adjournment, shall prevent its return; in which case it shall not become a law, unless the Governor, after such adjournment, and within ten days after the bill was presented to hira (Sundays excepted) , shall sign and deposit the same in the office of the Secretary of State; in which case it shall become a law, in like manner as if it had been signed by hira during the session of the General Assembljr. Sec. 10. Every resolution to which the concurrence of the Senate and House of Rep- resentatives may be necessary, except on questions of adjournment, of going into joint session, and of amending this Constitution, shall be presented to the Governor; and, before the same shall take effect, shall be proceeded upon in tlie same manner as in the case of a bill. Sjjc. 11. The Governor shall, at stated times, receive for his services an adequate salary, to be fixed by law; which shall neither be increased nor diminished during his con- tinuance in office. Sec. 12. There shall be a Lieutenant Governor, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications, as the Governor. Sec. 13. The Lieutenant Governor, by virtue of his office, shall be President of the Senate. In Committee of the Whole, he may debate on all questions; and, when there is 267 an equal division, shall give the casting vote in ,the Senate, and also in joint vote of both houses. Sec. 14. When the otHce of Governor shall become vacant, by death, resignation, removal from the State, removal from office, refusal to qualify, or otherwise, the Lieu- tenant Governor shall perform the duties, possess the powers, and receive the compensa- tion of the Governor, during the repiainder of the term for which the Governor was elected. When the Governor is absent from the State, or is unable, from sickness, to perform his duties, or is under impeachment, the Lieutenant (governor shall perform said duties, possess said powers, and receive said compensation, until the Governor return to the State, be enabled to resume his duties, or be acquitted. If there be no Lieutenant Governor, or if he be absent from the ^tate, disabled by sickness, or under impeachment, the President of the Senate pro tempore, or, in case of like absence or disability on his part, or of there being no President of the Senate jaro tempore, the Speakei- of the House of Representatives, shall assume the office of Governor, in the same manner, and with the same powers and compensation, as are prescribed in the case of the office devolving on the Lieutenant Governor. Sec. 15. The Lieutenant Governor, or the President of the Senate ^o tempore, while presiding in the Senate, shall receive the same compensation as shall be allowed to the Speaker of the House of Representatives. Sec. 16. There shall be a Secretary of State, a State Auditor, a State Treasurer, and an Attorney General, who shall be elected by the qualified voters of the State, at the same time, in the, same manner, and for the same term of office, as the Governor. No person shall be eligible to either of said offices, unless he be. a white male citizen of the IJnited States, and at least twenty-five years old, and shall have resided in this State five years next before his election. The Secretary of State, the State Auditor, the State Treasurer, and the Attorney General, shall keep their respective offices at the seat of Government, and shall perform such duties as may be required of them by law. Sec. 17. The returns of all elections of Governor, Lieutenant Governor, and other State officers, shall be made to the Secretary of State, in such manner as may be pre- scribed by law. Sec. 18. Contested' elections of Governor and Lieutenant Governor shall be decided by joint vote of both houses of the General Assembly, in such manner as may be pre- scribed by law. Sec. 19. Contested elections of Secretary of State, State Auditor, State Treasurer, and Attorney General, shall be decided before such tribunal, and in such manner, as may be by law provided. Sec. 20. The Secretary of State shall be the custodian of the seal of State, and shall authenticate therewith all official acts of the Goverrlor, his approbation of laws excepted. The said seal shall be call the ' ' Great Seal of the State of Missouri ,• " and the emblems and devices thereof, heretofore prescribed by law, shall not be subject to change. Sec. 21. The Secretary of State shall keep a register of the official acts of the Governor, and, when necessary, shall attest them; and shall lay copies of the same, together with copies of all papers relating thereto, before either house of the General Assembly, when- ever required to do so. Sec. 22. There shall be elected, by the qualified voters ir. each county, at the time and places of electing Representatives, a sheriff and a coroner. They shall serve for two years, and until a successor be duly elected and qualified, unless sooner removed for mal- feasance in office, and shall be ineligible four years in any period of eight years. Before entering on the duties of their office they shall give security in such amount, and in such manner, as shall be prescribed by law. Whenever a county shall be hereafter established, the Governor shall appoint a sheriff and a coroner therein, who shall continue in office until the next succeeding general election, and until a successor shall be duly elected and qualified. Sec. 23. Whenever a vacancy shall happen in the ofiiee of sheriff or coroner, the same shall be filled by the County Court. If such vacancy happen in the office of sheriff more 268 / than nine months prior to the time of holding a general election, such County Court shall immediately order a special election to fill the same ; and the person by it appointed shall hold ofHce until the person chosen at such election shall be duly qualified ; otherwise the person appointed by siich County Court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the same shall be filled, for the remainder oi the term, by such County Court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be rendered ineligible for the next succeeding term . Sec. 24. In all elections for sheriff and coroner, when two or more persons have an equal number of votes, and a higher than any other person, the presiding judge of the County Court of the county shall give the casting vote; and all contested elections for the said offices shall be decided by the Circuit Court of the proper county, in such manner as the General Assembly may, by law, prescribe. Sec. 25. The Governor shall commission all officers not otherwise provided by law. All commissions shall run in the name and by the authority of the State of Missouri, be sealed with the State seal, signed by the Governor, and attested by the Secretary of States Sec. 26. The appointment of all officers, not otherwise directed by this Constitution, shall be made in such manner as may be prescribed by law. ARTICLE Tl. JUDICIAL DEPARTMENT. Section 1. The judicial power, as to matters of law and equity, shall be vested in a Supreme Court, in District Courts, in Circuit Courts, and in such inferior tribunals as the General Assembly may, from time to time, establish. Sec. 2. The Supreme Court, except in cases otherwise directed by this Constitution, shall have appellate jurisdictioil only, which shall be coextensive with the State, under the restrictions and limitations in this Constitution provided. Sec. 3. The Svipreme Court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo war- ranto, certiorari, and other original remedial writs, and to hear and determine the same. Sec. 4. The Supreme Court shall consist of three judges, any two of whom shall be a quorum; and the said judges shall be conservators of the peace throughout the Stat«. Sec. 5. The State shall be divided into convenient districts, not to exceed four, in each of which the Supreme Court shall be held, at such time and place as the General Assembly may appoint; and, when sitting in either district, it shall exercise jurisdiction over causes originating in that district only; but the General Assembly may direct, by law, that the said court shall be h,eld at one place only. Sec. 6. The judges of the Supreme Court shall hold office for the term of six years, and until their successors shall be duly elected and qualified , except as hereinafter provided. Sec. 7. At the general election in the year one thousand eight hundred and sixty-eight, all the judges of the Supreme Court shall be elected by the qualified voters of the State, and shall enter upon then- office ou the first Monday of January next ensuing. At the first session of the court thereafter, the judges shall, by lot, determine the duration of their several terms of office, which shall be, respectively, two, four, and six years; and shall certify the result to the Secretary of State. At the genei-al election every two years after said first election, one judge of said court shall be elected, to hold office for the period of six years from the first Monday of January next ensuing. The judge having at any time the shortest term to serve shall be the presiding judge of the court. Sec. 8. If a vacancy shall happen in the office of any judge of the Supreme Court, by death, resignation, removal out of the State, or other disqualification, the Governor shall appoint a suitable person to fill the vacancy until the next general election occurring more than three months after the happening of such vacancy, when the same shall be filled by election, by the qualified voters of the State, for the i-esidue of the terra. Sec. 9. In case of a tie, or a contested election between the candidates, the same shall be determined in the manner prescribed by law. 269 Sec. 10. If, ill regard to any cause pending in the Supreme Court, the judges sitting shall be equally divided in opinion, no judgment shall be entered therein based on such division; but the parties to the cause may agree upon some person, learned In the law, v^ho shall act as special judge in the cause, and who shall therein sit with the court, and give decision, in the same manner and with the same effect as one of the judges. If the parties can not agree upon a special judge, the court shall appoint one. Sec. 11. The judges of the Supreme Court shall give their opinion upon important questions of constitutional law, and iipon solemn occasions, when required by the Governor, the Senate, or the House of Representatives; and all such opinions shall be published in connection with the reported decisions of said court. Sec. 12. The State, except the county of St. Louis, shall be divided into not less than five districts, each of which shall embrace at least three judicial circuits ; and in each district a cou.rt, to be known as the District Court, shall be held, at such times and places as may be provided by law. Each District Court shall be held by the judges of the Circuit Courts embraced in the district, aniajority of whom shall be a quorum. The District Courts shall, within their respective districts, have like original jurisdiction with the Supreme Court, and appellate jurisdiction from the final judgments of the Circuit Courts, and of aU inferior courts of record within the district, except Probate and County Coui'ts. After the establish- ment of such District Courts, no appeal or writ of error shall lie from anj' Circuit Court, or inferior court of record, to the Supreme Court, but shall be prosecuted to the District Court, from the final judgments of which an appeal or writ of error may be taken to the Supreme Court, in such cases as may be provided by law. Skc. 13. The Circuit Court shall have jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction in all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the General Assembly. It shall hold its terms at such time and place, in each county, as may be by law directed. Seo. 14. The State shall be divided into convenient circuits, of which the county of St. Louis shall constitute one, for each of which, except as in the next succeeding section specified,, a judge shall be elected by the qualified voters of the respective circuits, and, except as hereinafter provided, shall be elected tor the term of six years; but may continue in office until his successor shall be elected and qualified; and the judge of each circuit, after his electipu, or appointment, as hereinafter provided, shall reside in, and be a conservator of the peace within, the circuit for which he shall be elected or appointed; and if any vacancy shall happen in the office of any circuit judge, by death, resignation, removal out of his circuit, or by any other disqualification, the Governor shall, upon being satisfied that a vacancy exists, issue a writ of election to fill such vacancy; provided that said vacancy shall happen at least six months before the next general election for said judge; but if such vacancy shall happen within six months of the general election aforesaid, the Governor shall appoint a judge for such circuit; but every election or appointment, to fill a vacancy, shall be for the residue of the term only . And the General Assembly shall provide, by law, for the election of said judges in their respective circuits; and in case of a tie, or contested election between the candidates, the same shall be determined in the manner, to be prescribed by law. And the General Assemby shall provide, bylaw, for the election of said judges, in their respective circuits, to fill' any vacancy which shall occur at any time at least six months before a general election for said judges. At tlie general election in the year one thousand eight hundred and sixty-eight, and at the general election every sixth year thereafter, except as hereinafter provided, all the circuit judges shall be elected, and shall enter upon their offices on the first Monday of Januaiy next ensuing. No judicial circuit shall be altered or changed at any session of the General Assembly next preceding the .general election for said judges. Sec. 15. From and after the first day of January, one thousand eight hundred and sixty- six, the Circuit Court of the county of St. Louis shall be composed of three judges, each of whom shall try causes separately, and all, or a majority of whom, shall constitute a court in bank, to decide questions of law, and to correct errors occurring in trials; and, from 270 and after that day, there shall not he in said county any other court of record having civil jurisdiction, except a Prohate Court and a County Court. The additional judges of the Circuit Court of the county of St. Louis, authorized bythis section, shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold their oflices until the next general election of judges of Circuit Courts, when the whole number of the judges of said court shall be elected . At the first session of said court, after the judges thereof who may be elected in the year one thousand eight hundred and sixty-eight shall have assumed office, the said judges shall, by lot, determine the duration of their several terms of office, which shall be, respectively, two, four, and six years; and shall certify the result to the Secretary of State. At the general election every two years, after the election in that year, one judge of said court shall be elected, to hold office for the term of six years from the first Monday of .January next ensuing. The General Assembly shall have power to increase the number of the judges of said court, from time to time, as the public interest may require. Any additional judges authorized shall hold office for the term of six years, and be.eleoted at a generar election, and entei' on their office upon the first Monday of January next ensuing. Sec. 16. The provisions contained in this Article, requiring an election to be held to fill a vacancy in the office of judges of the Supreme and Circuit Courts, sh;dl have relation to vacancies occurring after the year one thousand eight hundred and sixty -eight; up to which time any such vacancy shall be filled by appointment by the Governor. Sec. 17. If there be a vacancy in the oflioe of judge of any circuit, orif he besick, absent, or from any cause unable to hold any term of court of any county of his circuit, such term of court may be held by a judge of any other circuit; and at the request of the judge of any circuit, any term of court in his circuit may be held by the judge of any other circuit. Skc. 18. No person shall be elected or appointed ajudge of the Supreme Court, nor of a Circuit Court, before he shall have attained to the age of thirty j'ears, and have been a citizen of the United States five years, and a qualified voter of this State three years. Sec. 19. Any jiidge of the Supreme Court or the Circuit Court, may be removed from ofiice, on the address of two-thirds of each house of the General Assembly to the Gov- ernor for that purpose; but each house shall state, on its respective journal, the cause for which it shall wish the removal of such judge, and give him notice thereof; and he shall have the right to be heard in his defense, in such manner as the General Assembly shall by law direct; but no judge shall be, removed in this manner for any cause for which he might have been impeached. Sbc. 20. The judges of the Supreme Court, and the judges of the Circuit Courts, shall, at stated times, receive a compensation for their services, to be fixed by law, which shall not beiidiminished during the period for which they were elected. Sbc. 21. The Circuit Court shall exercise a superintending control over all such inferior tribunals as the General Assembly may establish,' and over justices of the peace in each county in their respective circuits. Sec. 22. The Supreme Court and the District Courts shall appoint their respective clerks. Clerks of all other courts of record shall be elected by the qualified voters of the county, at a general election, and shall hold office for the term of four years from and after the first Monday of January next ensuing, and until their successors are duly elected and qualified. The first election of such clerks, after the adoption of this Constitution, shall be at the general election in the year one thousand eight hundred and sixty-six; any existing law of this State to the contrary notwithstanding. Sec. 23. Inferior tribunals, to be known as County Courts, shall be established in each county for fhe transaction of all county business. In such courts, or in such other tribunals inferior to the Circuit Courts as the General Assembly may establish, shall be vested the jurisdiction of all matters appertaining to probate business, to granting letters testamentary and of administration, to settling the accounts of executors, administrators and guardians, and to the appointment of guardians, and such other jurisdiction as may be conferred by law. 271 Sec. 24. No clerk of any court established by this Constitution, or by any law of this State, shall apply to his own use, from the fees and emoluments of his oflSce, a greater sum than two thousand five hundred dollars for each year of his official term, after paying out of such fees and emoluments such amounts for deputies and assistants in his office as the court may deem necessary and may allow ; but all surplus of such fees and emoluments over that sum, after paying the amounts so allowed, shall be paid into the county treasury for the use of the county. The General Assembly shall pass such laws as may be necessary to carry into effect the provisions of this section. Sec. 25. In each county there shall be appointed, or elected, as many justices of the jjeace as the public good may be thought to require. Their powers and duties, and their duration in otfice, shall be regulated by law. Sec. 26. All writs and process shall run, and all prosecutions shall be conducted, in the name of the "State of Missouri;" all writs shall be tested by the clerk of the court from which they shall be issued; and all indictments shall conclude ''against the peace and dignity of the State. " ARTICLE VII. IMPBACHIIEXTS. Section 1. The Governor, Lieutenant Governor, Secretarj' of State, State Auditor; State Treasurer, Attorney General, and all judges of the courts, shall be liable to impeach- ment for any misdemeanor in office; but judgment in such case shall not extend farther than removal from office, and disqualification to hold any office of honor, trust, or profit under this State. .- Sec. 2. The House of Representatives shall have the sole power of impeachment. AU impeachments shall be tried by the Senate; and when sitting for that purpose the Senators shall be on oath or affirmation to do justice according to law and evidence. When the Governor shall be tried, the presiding Judge of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators present. ARTICLE Vni. - BANKS AND CORPOKATtONS. Section 1. No corporate body shall hereafter be created, renewed, or extended, with the privilege of making, issuing, or putting in circulation any notes, bills, or other paper, or the paper of any other bank, to circulate as money; and the General Assembly shall pro- hibit, by law, individuals and corporations from issuing bills, checks, tickets, promissory notes, or other paper, to circulate as money. i Sec. 2. No law shall be passed reviving or re-enacting any act heretofore passed creating any private corporation, where such corporation shall not have been organized, and com- menced the ti-ansaction of its business, within one year from the time such act took effect, or within such other time as may have been prescribed in such act for such organization and commencement of business.' Sec. 3. The General Assembly shall; at its first session after this Constitution goes into effect, enact laws enabling any of the existing banks of issue to loorganize as national banks under the act of Congress; and shall also provide for the sale of the stock owned by this State in the Bank of the State of Missouri, upon such terms and conditions as shall be by law established. Sec. 4. Corporations may be formed under general laws, but shall not be created by special acts, except for municipal purposes. All general laws and special acts passed pursuant to this section may be altered, amended, or repealed. Sec. 5. No municipal corporations, except cities, shall be created by special act; and no city shall be incorporated with less than five thousand permanent inhabitants, nor unless the people thereof, by a direct vote upon the question, shall have decided in favor of such Incorporation. 272 Sec. 6. Dues from private, corporations shall be seoui'ed by such means as may be pre- scribed by law; but in all cases each stockholder shall be individually liable, over and above the stock by him or her owned, and any amount unpaid thereon, in a farther sum at least equal in amount to such stock. AETICLE IX. EDUCATIOlSr. Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain free schools for the gratuitous instruction of all persons in this State, between the ages of five and twenty-one years. Sec. 2. Separate schools may be established for children of African descent. All funds provided for the support of public schools shall be appropriated in proportion to the number of children, without regard to color. Sec. 3. The supervision of public instruction shall be vest«d in a Board of Education, whose powers and duties shall be prescribed by law. A Superintendent of Public Schools, who shall be the President of the Board, shall be elected by the qualified voters of the State. He shall possess the qualifications of a State Senator, and hold his ofiice for the term of four years; and shall perform such duties, and receive such compensation, as may be prescribed by law. The Secretary of State and Attorney General shall be ex-officio members, and, with the Superintendent, compose said Board of Education. Sec. 4. The Gteneral Assembly shall also establish and maintain a State University, with departments for instruction in teaching, in agriculture, and in natural science, as soon as the public school fund will permit. Sec. 5. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, and not otherwise appropriated by this State or the United States; also, all moneys, stocks, bonds, lands, and other property now belonging to any fund for purposes of education ; also, the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, or from sales of estrays, or from unclaimed dividends, or distributive shares of the estates of deceased persons, or from fines, penalties, and forfeitures; also, any proceeds of the sales of the public lands which may have been, or hereafter may be, paid over to this State (if Congress wiR con- sent to such appropriation); also, all other grants, gifts, or devises that have been, or hereafter may be, made to this State, and not othei"wise appropriated by the terms of the grant, gift, or devise; shall be securely invested and sacredly preserved as a Public School Fund; the annual income of which fund, together with so much of the ordinaiy revenue of the State as may be necessary, shall be faithfully appropriated for establishing and maintaining the free schools and the University in this Article provided for, and for no other uses or purposes whatsoever. Sec. 6. No part of the public school fund shall ever be invested in the stock, or bonds, or other obligations of any State, or of any county, city, town, or corporation. The stock of the Bank of the State of Missouri now held for school purposes, and all other stocks belonging to any school or university fund, shall be sold, in such manner and at such time as the General Assembly shall prescribe; and the proceeds thereof, and the proceeds of the sales of any lands or other property which now belong, or may hereafter belong, to said school fund, may be invested in the bonds of the United States. All county school funds shall he loaned upon good and sufficient unincumbered real estate security, with personal security in addition thereto. Skc. 7. No township or school district shall receive any portion of the public school flxnd, unless a free school shall have been kept therein for not less than three months during the year for which distribution thereof is made. The General Assembly shall have power to require, by law, that every child, of sufficient mental and physical ability, shall attend the public schools, during the period between the ages of five and eighteen years, for a term equivalent to sixteen months, unless educated by other means. 273 Sbc. 8. In case the public school fund shall be insuflScient to sustain a free school at least four months In every year in each school district in this State, the General Assembly may provide, by law, for the raising of such deficiency, by levying a tax on all the taxable property in each county, township, or school district, as they may deem proper. Sec. 9. The General Assembly shall, as far as it can be done without infringing upon vested rights, reduce all lands, moneys, and other property used or held for school pur- poses, in the various counties of this State, into the Public School Fund herein provided for; and, in making distribution of the annual income of said fund, shall take into consider- ation the amount of any county or city funds appropriated for common school purposes, and make such distribution as will equalize the amount appropriated for common schools throughout the State. ARTICLE X. Section 1. All able-bodied male Inhabitants of this State, between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their intention to become citizens of the United States, shall be liable to military duty in the militia of this State; and there shall be no exemption from such duty, except of such persons as the General Assembly may, by law, exempt. Sec. 2. The General Assembly shall, by law, provide for the organization of the militia, and for the paying of the same when called into actual service; but there shall be no officer above the grade of Brigadier General, nor shall there be more than two officers of that grade. Sec. 3. Bach company and regiment shaU elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed bylaw, or by the order of the Governor, they may be appointed by the Governor. ARTICLE XI. miscellaneous provisions. Section 1. The General Assembly of this State shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the .property of the United States; nor shall lands belonging to persons residing out of the limits of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State. Sec. 2. The State shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said State, so far as the said river shall form a common boundary to this State and any other State which may be bounded thereby; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether bordering on or within this State, shall be common highways, and forever free to the citizens of this State and the United States, without any tax, duty, impost, or toll therefor imposed by the State. Sbc. 3. All statute laws of this State now in force, not inconsistent with this Constitu- tion, shall continue in force until they shall expire by their own limitation, or be amended or repealed by the General Assembly; and all writs, prosecutions, actions, and causes ot action, except as herein otherwise provided, shall continue; and all indictments which shall have been found, or may hereafter be found, for any crime or offense committed before this Constitution takes effect, may be proceeded upon as if no change had taken place, except as hereinafter specified. Sec. 4. No person shall be prosecuted in any civil action or criminal proceeding, for or on account of any act by him done, performed, or executed, after the first day of January, one thousand eight hundred and. sixty-one, by virtue of military authority vested in him Q 274 by the Government of the United States, or that of this State, to do such act, or in pursuance of orders received by him trom any person vested with such authority; and if any action or proceeding shall have heretofore been, or shall hereafter be, instituted against any person for the doing of any such act, the defendant may plead this section ill bar thereof. Sec. 5. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State. Sec. 6. No money shall be drawn from the Treasury but in consequence of appropria- tions made by law; and an accurate account of the receipts and expenditures of the public money shall be annually published. Sbc. 7. No person holding an office of profit under the United States shall, dminghis continuance in such office, hold any office of profit under this State. Sec. 8. In the absence of any contrary provision, all officers now or hereafter elected or appointed shall hold office during their official term, and until their successors shall be duly elected or appointed, and qualified. Sec. 9. The General Assembl}' shall have power to repeal or modify all ordinances adopted by any previous Convention. Sec. 10. The seat of Government of this State shall remain at the City of Jefferson. Sec. 11- No person emancipated by the " Ordinance aboUshing slavery in Missouri,'''' adopted on the eleventh day of January , one thousand eight hundred and sixty-five , shall , by any County Court or other authority, be apprenticed, or bound for any service, except in pursuance of laws made specially applicable to the persons so emancipated. Sec. 12. The General Assembly shall provide, by law, for the indictment and trial of persons charged with the commission of any felony, in any county other than that in which the ofifense was committed, whenever, owing to prejudice or any other cause, an impartial grand or petit jury can not be impanneled in the county in which such oflense was committed. Sec. 13. The credit of the State shall not be given or loaned in aid of any person, association, or corporation; nor shall the State hereafter become a stockholder in any corporation or association, except for the purpose of securing loans heretofore extended to certain railroad corporations by the State. Sec. 14. TheGeneral Assembly shall not authorize any county, city, or town to become a stockholder in, or to loan its credit to, any company, association, or corporation, unless two-thirds of the qualified voters of such county, city, or town, at a regular or special election to be held therein, shall assent thereto. Sec. 15. The Generjal Assembly shaU have no power, for any purpose whatever, to release the hen held by the State upon any railroad. Sec. 16. No property, real or personal, shall be exempt from taxation, except such as may be used exclusively for public schools, and such as may belong to the United States, to this State, to counties, or to municipal corporations within this State. ARTICLE Xn. MODE OP AMBNDIKG AND REVISING THE CONSTITUTION. Section 1. This Constitution may be amended and revised in pursuance of the pro- visions of this Article. Sec. 2. The General Assembly, at any time, may propose such amendments to this Constitution as a majority of the members elected to each House shall deem expedient; and the vote thereon shall be taken by yeas and nays; antf entered in full on the journals. And the proposed amendments shall be published with the laws of that session, and also 2T5 shall be published weekly in two newspapers, if such there be, within each Congressional district in the State, for four months next preeeding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people,* each amendment separately, at the next general election thereafter, in such manner as the General Assembly may provide. And if a majority of the qualified voters of the State, voting for and against any one of said amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as apart of this Constitution. Sec. 3. The General Assembly may, at any time, autliorize, by law, a vote of the people to be taken upon the question whether a Convention shall be held for the purpose of revising and amending the Constitution of this State; and if, at such election, a majority of the votes on the question be in favor of a Convention, the Governor shall issue writs to the «heriifs of the diflerent counties, ordering the election of delegates to such a Convention, on a day within three months after that on which the said question shall have been voted on. At such election, each Senatorial District shall elect two delegates for each Senator to which it maybe then entitled in the General Assembly, and every such delegate shall have the qualifications of a Senator. The election shall be conducted in conformity with the laws regulating the election of Senators. The delegates so elected shall meet at such time and place as may be provided by law, and organize themselves into a Conven- tion, and proceed to revise and amend the Constitution; and the Constitution, when so revised and amended, shall, on a day to be therein fixed, not less than sixty nor> more than ninety days after that on which it shall have been adopted by the Convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose only : and if a majority of all the votes given be in favor of such Constitution, it shall, at the end of thirty days after such election, become the Constitution of this State. The result of such election shall be made known by proclamation by the Governor. The General Assem- bly shall have no power, otherwise than as in this section specified, to authorize a Conven- tion for revising and amending the Constitution . ARTICLE Xni. PROVISIONS POK PUTTING THIS CONSTITCTION INTO FORCE. And we do further ordain, as follows: Section 1. The preceding parts of this instrument shall not take effect, unless this Constitution be adopted by the people at the election to be held as hereinafter directed ; but the provisions of this Article shall be in force from the day of the adoption of this Constitution by the Representatives of the. people in this Convention assembled. Sec. 2. For the purpose of ascertaining the sense of the people in regard to the adoption or rejection of this Constitution, the same shall be submitted to the qualified voters of the State, at an election to be held on the sixth day of June, one thousand eight hundred and sixty-five, at the several election precincts in this State, and elsewhere, as hereinafter provided. On that, day, or on any day not more than fifteen days prior thereto, such qualified voters of this State as shall then be absent from the places of their residence, by reason of their being in the military service of the United States or of this State whether they then be in or out of this State, shall be entitled to vote on the adoption or rejection of this Constitution. For that purpose a poll shall be opened in each Missouri regiment or company in such service, at the quarters of the coinmanding oflicer thereof ; and the voters of this State belonging to such regiment or company, and any others belonging to any other such regiment or company, and who njay be present, may vote at such poU. Any one or two commissioned officers of such regiment or company, who may be present at the opening of the poUs, shaU act as judge or judges of the election; and if no such officer be present, then the voters of such regiment or company present shall elect two of the voters present to act as such judges. Every such judge shall, before any 276 votes are received, take an oath or affirmation that he will honestly and faithfully perform the duties of judge, and make proper return of the votes given at such election; and such oath the judges may administer to each other. In any election held in a regi- ment or company, the polls shall be opened at eight o'clock a. m. , and closed at six o'clock p. M. Sec. 3. The election provided for in the next preceding section shall be by ballot. Those ballots in favor of the Constitution shall have written or printed thereon the words, "New Constitution— Yes;" those against the Constitution shall have written or printed thereon the words, ' ' New Constitution — ^No. ' ' Si5C. 4. The said election shall be conducted, and the returns thereof made to the clerks of the several County Courts, and by them immediately certified to the Secretary of State, as provided by law in the ease of elections of State officers; and where an election shall be held in a regiment or company, the returns thereof, with the poll-books, shall be certified to the Secretary of State, and may be transmitted by mail, or by any messenger to whom the judges of the election may entrust the same for that purpose. Sec. 5. Any qualified voter of this State, within the State, who, on the day of said election, shall be absent trom the place of his residence, may vote at any place of voting, upon satisfying the judges that he is a qualified voter, and being sworn by them that be has not voted, and will not vote, in said election at any other election precinct. Sec. 6. At said election no person shall be allowed to vote who would not be a qualified voter according to the terms of this Constitution, if the second Ai-ticle thereof were then in force. The judges of election shall administer to every person oflfering to vote, in lieu of the oath now required to be taken by voters under the ordinance of June 10th, 1862, the following oath, to-wit: " I, A. B., do solemnly swear, that I am well acquainted with the terms of the third section of the second Article of the Constitution of the State of Missouri, adopted by the Convention which assembled in the city of St. Louis, on the 6th day of January, eighteen hundred and sixty -iive, and have carefully considered the same; that 1 have never, directly or indirectly, done any of the acts in said section specified; that 1 have always been truly and loyally on the side of the United States against all enemies thereof, foreign and domestic; that I will bear true faith and allegiance to the United States, and will support the Constitution and laws thereof as the supreme law of the land, any law or ordinance of any State to the contrary notwithstanding; that I will, to the best of my ability, protect and defend the Union of the United States, and not allow the same to be broken up and dissolved, or the Government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it; and that I make this oath without any mental reservation or evasion, and hold it to be binding on me. " Should any such person decline to take said oath, he shall not be permitted to vote at said election; but the taking thereof shall not be deemed conclusive evidence of the right of such person to vote; but such right may be disputed and disproved. Any person who shall falsely take, or, having taken, shall thereafter willfully violate, the oath presci-ibed in this section, shall, upon conviction thereof by any court of competent jurisdiction, be adjudged guilty of the crime of perjury, and shall be punished therefor in accordance with existing law. Sec. 7. On the first day of July next ensuing said election, the Secretary of State shall, in presence of the Governor, the Attorney General, or the State Auditor, proceed to examine and cast up the returns of the votes taken at said election, and certified to him, including those of persons in the militaiy service; and if it shall appear that a majority of all the votes cast at such election were in favor of the Constitution, the Governor shall issue his proclamation, stating that fact, tmd this Constitution shall, on the fourth day of said month of July, be the Constitution of the State of Missouri. Sec. 8. The officer now known as the ' 'Auditor of Public Accounts' ' shall hereafter b« styled State Auditor. Sec. 9. The office of Register of Lands shall continue until the General Assembly shall abolish the same. Best Image Available 277 Done by the Representatives of the People of the State of Missouri, in Convention assembled , at the city of St . Louis , on the eighth day of April , in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. ARNOLD KREKEL. of St. Charles county. President. CHAS. D. DRAKE, of St. Louis, Vice President. WM. B. AD.^IS, (jf Montgomery county. A. J. BARR^f Ray county. A. M. BEDFORD, of Mississippi county. D. BONHAM, of Andrevir county. GEO. K. BUD*, of St. Louis county. HARVEY BUNCE, of Cooper county. R. L. CHILDRESS, of Webster county. JOHN H. DAVfc, of Nodaway county. I. B. DODSON, of Adair county. JOHN H. ELlJS, of Livingston county. JOHN ESTHEBf of Laclede county. ELLIS G. EVANS, of Crawford county. CHAUNCEY I-EILLEY, of St. Louis county. J. W. FLETCHER, of Jefferson county. W. H. FOLMSBEE, of Daviess county. F. M. FULKERSON, ot Saline county. JOHN W". GAMSlE, of Audrain county. A. GILBERT, of Lawrence county. DAVID HENDERSON, of Dent county. E. A. HOLCOmS, of Chariton county. J. H. HOLDSWORTH, of Monroe county. W. 8. HOLLAN]^ of Henry county. J. F. HUME, of monileau county. WYLLYS KING, of St. Louis county. REEVES LEONARD, of Howard county. JOHN F. McKErHaN, of Cole county. ARCHIBALD M. McPHBRSON, of Perry county. JOHN A. MACK, jOf Greene county. FERDINAND MEYER, of St. Louis county. DORASTUS PECK, of Iron county. JONATHAN THOMAS RANKIN, of Dade county, K. G. SMITH, of ftercer county. GEO. P. STRONG, of St. Louis county. JAMES T. SUTTOIjL of Wayne county. JOHN R. SWEARINGEN. of Jackson county. WM. F. SWITZLER, of Boone county. LEWIS H. WEATHERBY, of DeKalb county. JEREMIAH WILLlAks, of Caldwell county. EUGENE WILLIAMS, of Scotland county. Attest : AMOS P. FOSTER, Secretary. THOS. PROCTOR, Assistant Secretary. 278 AN ORDINANCE FOE THE PAYMENT OF STATE AND EAILEOAD INDEBTEDNESS. Be if ordained by the People of the Siaie of Missouri, in Convention assembled, as follows : Section 1. There shall be levied ^nd coUeoted from the Pacific railroad, the North Missouri railroad, and the St. Louis and IroflRvtountain railroad companies, an annual tax of ten per centum of their gross receipts for the transportation of freight and passengers (not including amounts received from, and taxes paid to, the United States), from the 1st of October, 1866, to the 1st of October, 186|, and fifteen per centum thereafter; which tax shall be assessed and collected in the county of St. Louis, in the same manner as other State taxes are assessed and collected, and shall be appropriated by the General Assembly to the payment of the principal and intei^st now due, or hereafter to become due, upon the bonds of the State, and the bonds guaranteed by the State, issued to the aforesaid railroad companies. ^ Sec. 2. A like tax of fifteen per cenwm shall be assessed and collected from the Hannibal and St. Joseph railroad company, and from the Platte Country railroad company, whenever default is made by said companies, or either of them, in the payment of the interest or principal of the bonds of the^State, or the bonds guaranteed by the State, issued to said companies, respectively; which tax shall be assessed and collected in such manner as the General Assembly may, by law, direct, and shall be applied for the payment of principal and interest of said bonds, as "e same may become due and payable. Sec. 3. The tax in this ordinance specified Shall be collected from each company here- inbefore named, only for the payment of the principal and interest of the bonds for the payment of which such company shall Ire liable, and, whenever such bonds and interest shall have been fully paid, no further tax shall be collected from such company; but nothing shall be received by the State, in discharge of any amounts due upon said bonds, except cash, or other bonds or obligation of this State. Sec. 4. Should either of said companies refuse or neglect to pay said tax, as herein required, and the interest or principal of any of said bonds, or any part thereof, remain due and unpaid, the General Assembly^hall provide, by law, for the sale of the railroad and other property, and the franchises of the company, that shall be thus in default, under the lien reserved to the State, and shall appropriate the proceeds of such sale to the payment of the amount remaining due and unpaid from said company. Sec. 5. Whenever the State shall become the purchaser of any railroad or other property, or franchises, sold as hereinbefore provided for, the General Assembly shall provide, by law, in what manner the sUne shall be sold, for the payment of the indebted- ness of the railroad company in default; but no railroad or other property, or franchises, purchased by the State, shall be restoi-ed to any such company until it shall have fij-st paid, in money, or in Missouri State bonds, or in bonds guaranteed by this State, all interest due from said company; and all interest thereafter accruing shall be paid semir annually, in advance; and no sale or other disposition of any such railroad or other property, or the franchises, shall be made without reserving a lien upon all the property and franchises thus sold or disposed of, for all sums remaining unpaid; and all payments therefor shall be made in money, or in the bonds or other obligations of this State. Seo. 6. The General Assembly shall provide, by law, for the payment of all State indebtedness not hereinbefore provided for; and for this purpose a tax of one quarter of one per centum on all real estate, and other property and effects subjected to taxation, shall be assessed and collected, and shall be appropriated for the payment of all such indebtedness that may have matured; and the surplus, if any, shall be set apart as a sinking fund for the payment of the obligations of the State that may hereafter become due, and for no other purpose whatsoever. Sec. 7. At the election to be held on the sixth day of June, eigliteen hundred and sixty- five, for the purpose of ascertaining the sense of the people in regard to the adoption or Best Image Available 279 rejection of the Constitution adopted t)y this Convention » the question of the adoption or rejection of this Ordinance shall be submitted ^o the voters of this State, who shall be qualified as voters under the provisions of Article 13th of said Constitution, and shall take the oath in said Article prescribed; and the vote at such election shall be taken, and returns; thereof made, at the same time, under, the same restrictions, and in ^ the same manner, as in said Article is provided for the vote upon the question of the adoption pr rejection of said Constitution. The ejection herein provided for shall be by ballot. Those ballots in favor of this Ordinance shall have writfMi or printed thereon the words, '■'■Shall thf. raUroads pay their hands? Yes,'''' Those opposed to this Ordinance shall have written or printed thereon the words, "■Shall the raUroads pay their bonds? No.'''' If the majority of all the votes cast at such election shall be in tavor of this Ordinance, the same shall be valid, and have full force and effect as a part of the Constitution of this State, whether the New Constitution adopted by this Convention be adopted or rejected. 11 a majority of such votes shall be against this Ordinance, it shall have no force or validity whatsoever. The Governor of this State shall, by proclamation, make known the result of the election herein provided for. Adopted in Convention, April tenth, A. liPone thousand eight hundred and sixty -five. ARNOLD KREKEL, President. Amos P. Foster, Secretary. THE RATIFICATION — GOVERNOR'S PROCLAMATION. State of missodki, I Exeeuiime Department. ' Whekeas, On the sixth day Of January, one thousand eight hundred and sixty-five, a Convention of Representatives of the people of the State of Missouri, elected in pursuance of law, assembled in the city of St. Louis, for the purpose of amending the Constitution of said State, which Convention did, on the eighth day of April in said year, adopt a Revised and Amended Constitution for said State: And'whbrkas, In and by the second section ot the thirteenth Article of the said Revised and Amended Constitution, it was provided that an election by the qualified voters of this State should be held on the sixth day of June, one thousand eight hundred and sixty-five, at the several election precincts in this State, and elsewhere, for the purpose of ascertaining the sense of the people in regard to the adoption or rejection ot the said Constitution; and provision was made in said section for taking and counting the votes of such qualified voters of this State as should then be absent from the places of their residence, by reason of their being in the military service of the United States or of this State, whether they should then be in or out of this State: ' And whbkeas. In and by the provisions of the said thirteenth Article of the said Revised and Amended Constitution, it was required that the returns of said election should be certified to the Secretary of State, and that, on the first day of July next ensuing said election, the Secretary of State should, in the presence of the Governor, the Attorney General, or the State Auditor, proceed to examine and cast up the returns of the votes taken at said election, and certified to him, including those of persons in the military service; and if it should appear that a majority of all the votes cast at said election were in favor of the Constitution, the Governor should issue his proclamation stating that fact, and the said Constitution should on the fourth day of said month of July be the Constitution of the State of Missouri: And whereas. On the said first day of July the said Secretary of State did, in presence of the Governor and the State Auditor, proceed to examine and cast up the returns of the votes taken at said election, and certified to him, including those of persons in the military service; when it appeared, upon an accurate casting up of said returns, that there were 280 forty-three thousand six hundred and seventy (43,670) votes in favor of said Constitution, and forty-one thousand eight hundred and eight (41,808) votes against said Constitution; and there being, therefore, a majority of all the votes cast at said election in favor of said Constitution: Now, therefore, I, Thomas C. Fletcher, Governor of the State of Missouri, in pursuance of the authority vested in me, as aforesaid, do, by this my proclamation, declare and make known that the said Revised and Amended Constitution was, at said election, adopted by a majority of the votes cast at ^d election, and that, in pursuance of the provisions therein contained, it will talce eflfect as the Constitution of the State of Missouri, on the Fourth day of the present month of July. Given under my hand and the Great Seal o*he State of Missouri, at the City of Jefierson, on the first day of July, in the year of our Lord one thousand eight hundred and sixty-five. • THOS. C. FLETCHER. By the Governor: Francis Rodman, Secretary of StUe. Whekeas, The Representatives of the people of the State of Missouri, in Convention assembled, did adopt, on the tenth day of April, A. D. 1865, an ordinance entitled " An Ordinance for the payment of Railroad and State Indebtedness: ' ' And whbkeas, Said ordinance, in accordance with its provisions, has been submitted to the vote of the people of the State of Missouri on the sixth day of June, A. D. 1865, and also to the vote of the qualified voters of tlijs State, absent from their residence by reason of their being in the military service of the United States or of the State of Missouri, as provided by said ordinance: And whereas. The returns of said election were made at the time, under the restrictions, and in the manner as prescribed by said ordinance: And whereas, In pursuance of said provisions, the Secretary of State did, on the first day of July, A. D. 1865, in the presence" of the Governor and the State Auditor, proceed to examine and cast up the returns of the votes taken at said election and certified to him: Now, therefore, I, Thomas C. Fletcher, Governor of the State of Missouri, in pursuance of authority in me vested by said ordinance, do, by this my proclamation, make known that, upon an accurate casting up of said above-mentioned returns, there appeared thirty- nine thousand and sixty-seven votes fof: "Shall the railroads pay their bonds? "Yes;" and twenty thousand nine hundred votes for: "Shall the railroads pay their bonds ? No." In testimony whereof, I have hereunto set my hand, and caused to be affixed the Great Seal of the State of Missouri. Done at Jefferson City, this, the seventh, day of July, in the year of our Lord one thousand eight hundred and sixty-five, of the Independence of the United States the ninetieth, and of the State of Missouri the forty-fifth. THOS. C. FLETCHER. By the Governor: Francis Rodman, Secretary of State. 281 AN ORDINANCE ABOLISHING SLAVERY IN MISSOUEI. Be it ordained by the People of the State of Missouri, in Convention assembled : That hereafter, in this State, there shall ae neither slavery nor involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted; and all persons held to service or labor as slaves are hereby declared free. Passed in Convention, January eleventh, A. D. one thousand eight hundred and sixty-five. A. KREKEL, President. CHAS. D. DKAKE, Vice Preside?it. GEO. P. STRONG. D. BONHAM, HENRY A. CLOVER, ELLIS G EVANS, ABNER L. GILSTRAP, ISHAM B. DODSON. JAMES P. MITCHELL, GEORGE HUSMANN, M. L. LINTON, JOHN A. MACK, EUGENE WILLIAMS, WILLIAM D'OENCH, A. P. NIXDORF, HARVEY BUNCE, J. F. McKERNAN, EMORY S. FOSTER, W. A. MORTON, JOHN H. ELLIS, JOHN H. DAVIS, W. S. HOLLAND, ELI SMITH, W. H. FOLMSBEE, PH. ROHRER, CHAUNCEY I. FILLEY, FERDINAND MEYER, B. F. HUGHES, A. GILBERT, of Lawrence, R. L. CHILDRESS, ANDREW G. NEWGENT, DAVID HENDERSON, J. M. GRAMMER, Attest: Amos P. Fostib, Secretary. W. B. ADAMS. JOHN H. HOLDSWORTH, A. J. BARR, GEORGE K. BUDD, GEORGE C. THILENIUS, JOHN R. SWEARINGEN, JOHN ESTHER, E. A. HOLCOMB, JAMES W. OWENS, A. M. BEDFORD, F. M. FULKERSON, DORASTUS PECK. S. T. DAVIS, J. W. FLETCHER, R. C. COWDEN. M. P. GREEN, GUSTAVUS ST. GEM, WM. F. SWITZLER, JEREMIAH WmLIAMS, JOHN W. GAMBLE, K. G. SMITH, WYLLYS KING, ISIDOR BUSH, LEWIS H. WEATHERBY, JAMES T. SDTTON, A. M. Mcpherson, J. T. RANKIN, J. F. HUME, REEVES LEONARD, A. H. MARTIN, SAMUEL A. GILBERT. 282 AN ORDINANCE TO PEOTECT EMANCIPATED NEGEOES FEOM APPEENTICESHIP. Be it ordained by the People of the State of Missouri, in Convention assembled : That no person emancipated by the "Ordinance abolishing Slavery in Missouri,'' adopted on the eleventh day of January, one Thousand eight hundred and sixty -five, shall, by any County Court or other authority, be apprenticed, or bound for any service, except in pursuance of such laws as the General Assembly of this State may hereafter enact, made specially applicable to the persons so emancipated. Adopted in Convention, Januarj' twelfth, A. D. one thousand eight hundred and sixty-five. ARNOLD KEEKEL, President of the Convention, Attest: Amos P. Foster, Secretary ofjhe Convention. AN ORDINANCE PEOVIDING EOE THE VACATING OF CEETAIN CIVIL OFFICES IN THE STATE, FILI^ ING THE SAME ANEW, AND PEOTECTING THE CITIZENS FEOM INJUET AND IIAEASSMENT. Be it ordained hy the People of the State of Missouri, in Convention assembled, as follows: i Section 1. That the offices of the Judges of the Supreme Court, of all Circuit Courts, and of all courts of r.ecord established by any act of the General Assembly, and tbose of the Justices of all County Courts, of all clerics of any of the aforesaid courts, of all Circuit Attorneys and their assistants, and of all Sheriffs and County Recorders, shall be vacated on the first day of May, one thousand eight hundred and sixty-five, and the same shall be filled for the remainder of the term of each of said offices, respectively, by appointment by the Governor. The Governor shall, in like manner, and with like effect, fill any vacancy now existing in any of said offices. Every person appointed by the Governor under this Ordinance, shall, before entering upon the discharge of the duties of his oflSce, take the oath prescribed in the second section of the "Ordinance defining the qualifications of voters and civil ofiicers in this State, ' ' adopted June tenth, one thousand eight hundred and sixty-two, and shall give bond in such form, in such sum, and with such security, as are required by existing laws. Sec. 2. No person shall be prosecuted in any civil action, or criminal proceeding, for or on account of any act by him done, performed, or executed, after the first day of January, one thousand eight hundred and sixty-cue, by virtue of military authority vested in him by the Government of the United States, or that of this State, to do such act, or in pursuance of orders received by him or them from any person vested with such authority; and if any action or proceeding be brought or instituted against any person for the doing of any such act, the defendant may plead in bar thereof, and give this ordinance in evidence. The provisions of this section shall apply in all cases where suits are now pending, in the same manner, and with like effect, as in suits or actions hereafter brought. Passed in Convention, March seventeenth, A. D. one thousand eight hundred and sixty-flve. ARNOLD laiEKEL, President of the Convention. Attest: John W. Stephens, Secretary pro tern. 283 AN ORDINANCE FOE PAYING THE OFFICEES, MEMBEES, AND OTHEES, OF THE MISSOTJEI STATE CONVENTION. Be it ordained by the People of the State of Missouri, in Convention assembled, as follows: Section 1. That there be and is hereby appropriated, out of any money in the treasury of this State, the sum of twenty thousand dollars for the payment of members, and all other expenses of the Missouri State Convention. Sec. 2. The State Treasurer is hereby required and authorized to pay to the Chairman of the Committee on Accounts, Mr. Ferdinand Meyer, the aforesaid sum of twenty thousand dollars, and to take his receipt therefor; and the Committee on Accounts shall audit all indebtedness incurred by this Convention ; and if any debts should remain unpaid after the above appropriation is exhausted, tHen the General Assembly, at its next session, shall provide for the full and complete payment of the same. Sec. 3. The Auditor of Public Accounts is required and authorized to audit the accounts of .the Committee on Accounts, and make full settlement with them, paying them the per diem and mileage now allowed to a member for all the necessary time occupied and journeys made after the close of this Convention. Adopted in Convention, April fifth, A. D. one thousand eight hundred and sixty-five. A. KREKEL, President. Attest: Amos P. Foster, Secretary. AN ORDINANCE PEOVIDING FOE OBTAINING THE VOTES OF MISSOUEI SOLDIEES ON THE CONSTITUTION. Be it ordained hy the People of the State of Missouri, in Convention assembled; as follows : Section 1 . The Governor of this State is required, on or before the fifteenth day of May next, or immediately thei'eafter, to send messengers to the different points where there are citizens of this State, beyond the limits thereof, in the volunteer army of the United States, in order to obtain the votes of such persons upon the adoption or rejection of the Constitution adopted by this Convention. The said messengers shall be provided with duly-prepared poll-books for said election, the expense whereof, and also the compensa- tion of such messengers, and all other expenses connected with sending such messengers, shall be certified by the Governor; and the State Auditor shall draw his warrant upon the Treasurer for all amounts so certified, payable out of any money in the Treasury not otherwise appropriated . Sec. 2. That such number of copies of the New Constitution adopted by this Conven- tion, as the Governor may think necessary to a proper understanding of the Constitution, shall be sent to the Missouri soldiers with such messengers. Adopted in Convention, April eighth, A. D. one thousand eight hundred and sixty-five. A. KEEKEL, President. Attest: Amos P. Poster, Secretary. 284 AN ORDINANCE FOB THE OEGANIZATION AND GOVEENMENT OF THE MISSOUEI MILITIA. Se it ordained by the People of the State of Missouri, in Gonvention assembled, as follows : Section 1. All able-bodied male inhabitants of the State of Missouri shall be liable to military duty under this Ordinance, except as is hereinafter provided; and, when organ- ized, shall constitute and be known and designated as the ' 'Missouri Militia. ' ' Sec. 2. Persons over the age of forty-flve years, and under the age of eighteen years; United States mail carriers, when actualljr employed as such; United States and State oflScers; one miller to each public mill, and an engineer for the same, when actually employed in said capacity; teachers of public schools; ministers of the gosjpel; regular practicing physicians, and railroad employees, shall be exempt from duty in the militia, and shall be entitled to, and receive from, the ' 'enrolling officer, " a ' 'certificate' ' to that effect, on producing to said "enrolling officer" satisfactory evidence of their respective avocations or employments. ' Sec. 3. There shall be an enrolling officer for each county, with the rank of a lieuten- ant, appointed by the commanding officer of each sub-district, whose duty it shall be to enroll all persons in said county, liable to do military duty, once in each year; and all enrollments heretofore made under existing laws shall be taken and considered as made under this Ordinance. Sec. 4. The militia, as soon as enrolled, shall be organized into platoons, companies, regiments, and brigades. A platoon shall be composed of not less than thirty-two nor more than forty-six privates, two sergeants, four corporals, and one lieutenant. A com- pany shall consist of the number of men, commissioned and non-commissioned officers, prescribed by the revised regulations of the Army of the United States. A regiment shall consist of eight companies or more, with the number of field and staff officers prescribed by ' 'Army Regulations' ' for the particular branch of service to which it may be assigned. A brigade shall consist of three or more regiments. Sbc. 5. Platoons or companies, as soon as organized, shall elect their commissioned officers; which officers, together with all brigade, regimental, and staff officers, appointed by the Governor, and all non-commissioned company officers, shall, before commissions or warrants, as the case may be, shall [be] issue[d] to them, take and subscribe the following oath: "I, A. B., aged years, of the county of , in the State of Missouri, and a native of , do, on oath (or affirmation), declare that Ihave not, during the present rebellion, taken up arms or levied war against the United States, nor against the State of Missouri; nor have I willfully adhered to the enemies of either, whether domestic or foreign, by giving aid and comfort, by denouncing said governments, or either of them; by going into or favoring, or encouraging others to go into or favor, secession, rebellion, or disunion; but have always, in good faith, opposed the same; and further, that I will support, protect, and defend the Constitution of the United States, and of the State of Missouri, against all enemies or opposers, whether domestic or foreign, any ordinance, law, resolution of any State Convention or Legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding; and that I do this with an honest purpose, pledge, and determination, faithfully to perform the same, without any mental reservation or evasion whatever, so help me God. ' ' Sec. 6. The Governor shall nominate, and, by and with the advice and consent of the Senate, appoint, two brigadier generals, and no more; and as many colonels, lieutenant colonels, and majors, as may be necessary for properly disciplining and governing the force organized under this Ordinance: Provided, however. That the officers and men thus com- missioned and organized shall not be entitled to, nor receive, any pay, rations, or emoluments, when not in actual service. Sec. 7. The part of the State north of the Missouri river shall be known as the ' 'First Military Distiict," and the part of the State south of said river shall be known as the 285 "Second Military District," which shall be divided into such sub-districts as, in 'the judgment of the Commander-in-Chief, the good of the service may require. Sec. 8. The stafi of general officers shall be the same as for the time may be prescribed by regulations of the United States army, or orders of the War Department, governing appointments of officers of the same grade in the United States service— all of whom shall be detailed from the line of the command of the officer to whose staff they are attached. Sec. 9. The staff of the Commander-in-Chief shall be an adjutant general, with the rank and pay of colonel of cavalry; a quartermaster general, an inspector general, and a commissary general, each with the rank and pay of a colonel of cavalry; a paymaster general, with the rank and pay of lieutenant colonel of infantry; a surgeon general, with the rank and pay of colonel of infantry; a judge advocate general, vnth the rank and pay of lieutenant colonel of infantry; three aids-de-camp, with the rank and pay of major of infantry. He may detail from the line and field officers of any regiment such officers as he may deem proper, and assign them to duty on his staff. Sec. 10. It shall be lawful for the Commander-in-Chief to call into service such platoons, companies, or regiments, as the safety and peace of the State may require, and to issue such instructions as may be necessary to insure strict discipline and famiUarity in drill. Sec. 11. The publication of the proclamation of the Governor shaU be deemed sufficient notice to all persons, subject to military duty, to report to their respective commanding officers for active seiTice. Sec. 12. The Articles of War and Army Regulations, as published by authority of the War Department of the United States, shall be observed by the Missouri Militia in every particular not otherwise provided by this Ordinance, and the manner of driU shall be such as is prescribed in the tactics adopted for the United States army. Sbc. 13. Whenever the militia, or any part of it, is called into service, the inspector general, or his assistants, shall muster such force into the service on the rolls of the platoon or company, one of which rolls shall be retained by the commanding officer of the platoon or company, one copy shall be returned to the Adjutant General of the State, and one copy to the district headquarters. He shall administer to each platoon or company, separately, the following oath: '>You, and each of you, do solemnly swear, that you vdll support, protect and defend the United States and the State of Missouri, and the Constitution and laws thereof, against all their enemies; that you will assist in enforcing the laws; and will obey all lawful orders of the officers having authority to command you while in the service, so help you God. ' ' And any person subject to military duty, who shall refuse to take said oath, shall be considered and ti-eated as a prisoner of war. Sbc. 14. The surgeon general shall appoint a physician or surgeon for each county to examine persons claiming exemption, who shall give to every person exempted by him a certificate, and shall return to the office of the adjutant of the district, within five days after the close of each of his sittings, a complete list of all persons so exempted. The physician or surgeon so employed shall receive the pay of a major of infantry while actiially engaged in such service. Sec. 15. Any physician or surgeon, authorized by the provisions of this Ordinance to issue certificates of exemption,. who shall fraudulentljr issue any such certificates, shall be liable to a fine of not less than five hundred dollars, to be recovered by indictment before the Circuit Court of the proper county, except St. Louis county, where the indictment shall be before the Criminal Court. Sec. 16. Every person who neglects or refuses to enroll himself shall pay the sum of twenty dollars, to be levied upon his goods and chattels, by order of the commanding officer of the district, and may be imprisoned or put at hard labor by said officer until said fine is paid, and shall then be enrolled and assigned to such platoon or company as the commanding officer of the district may direct; arid any person duly enrolled, and liable to militia service, who shall refuse or neglect to perform such service, shall pay a fine of five dollars per day for every day he fails to render such service, after having been thereto rrequiredby his officers; and, In addition thereto, such delinquent shall be subject to arrest, 286 trial, and punishment, within tlie discretion of a court martial; and nothing in this section shall be construed to exempt any man from military service. Sec. 17. The commanding officer of each platoon or company shall certify to the com- manding officer of the hattaUon or regiment to which he is attached, a list of all persons liable to line under the provisions of this Ordinance, with the number of days each person has neglected or refused to do duty; which list shall be, by the commanding officer of the battalion or regiment, certified to the clerk of the Circuit Court of the county ten days before the next term of the said court, who shall place a copy of said list in a conspicuous place in his office, at least five days before the first day of the term. Sec. 18. It shall be the duty of the Circuit Court to render a judgment, an award, an execution, against each person named in said lists for the sum due by him, and costs, which shall be collected as other fines. The sheriflf of the county may collect all sums due in said lists before judgment, and shall pay over the same to the State Treasury, to the credit of the ' 'Union Military Fund. ' ' He shall certify to the commanding officer of the district the names of all persons who fail to pay. the amount stated against them in said lists, or who have no property whereof to levy such execution. And the commanding officer of the district shall arrest and put at labor the persons mentioned in the last-named list, until the amounts due by them are paid. And it shall be the duty of the circuit attorney of the proper circuit to prosecute all such matters as shall come before the said court by virtue of this section. Sue. 19. The sum of fifty cents per day shall be reckoned to every person put at labor under the provisions of this Ordinance, until the fine or penalty due by him is fully paid. Sbc. 20. The uniform of the Missouri Militia shall be the same as prescribed by the United States Army Regulations for the army of the United States, until otherwise ordered by the Commander-in-Chief. ' Sec. 21. All officers, when on duty, shall wear the uniform of their rank; and no person, not in the military service of the State or the United States, shall wear any insignia of rank, or any part of uniform, under a penalty of twenty dollars for every offense, to be recovered by suit and summary trial before any justice of the peace. Sec. 22. The pay of the militia shall be the same for Officers and men as allowed for the time by the United States to officers and soldiers, and fifty cents for each day's service of his horse, when he is mounted; and such pay shall be in the same funds in which the United States Volunteers are paid, or their equivalent. Sec. 23. All taxes levied and coUeotedfor military purposes, and all fines imposed upon militiamen by this Ordinance, all proceeds of the sales of contraband or captured property Seized or captured by the militia, and all other appropriations and levies made for the benefit of the militia, shall likewise be paid into the treasury, to the credit of the said Union Military Fund. Out of such fund shall be paid, first, all sums now due the Enrolled Missouri Militia for services rendered, and Union Military Bonds now outstanding or hereafter issued; and second, all expenses incurred according to law, and audited by the proper officers, and appropriations for military purposes, as other claims against the State. Sec. 24. The Governor of the State shall lay before the General Assembly, at each regular session thereof, a report of the moneys expended for militia purposes, and an estimate of the funds necessary for support of the militia for the next two years . Sec. 25. The Commander-in-Chief may assign to duty, as paymasters, such officers as may to him seem proper, not exceeding four (4) in number, with the rank and pay ot majors of infantry; and require them, before entering upon the discharge of the duties of the office, to execute a bond, in a sum and with such securities as he shall order, conditioned for the faithful performance of their duty. ' Sec. 26. Any officer, civil or military, who may refuse to account for and pay over according to law, any moneys or property coming to his hands belonging to the militia flind, shall, upon conviction thereof, in the Circuit or Criminal Court, on indictment, be 287 sentenced to imprisonment in tlie penitentiary for a term of hot less than five nor more than ten years. Sec. 27. Courts Martial. — Courts martial shall be constituted and shall proceed in all coses, and be governed by the laws and regulations prescribed by the United States Army. Sec. 2S. The General Assembly of this State shall provide the ways and means for the payment of the Missouri Militia, and may, at any time, amend or repeal tliis Ordinance. Sec. 29. An act entitled "An act for the organization and government of the Missouri Militia," approved February 10, 1865, and all other acts or parts of acts, inconsistent with tlie provisions of this Ordinance, are hereby abrogated. , Adopted in Convention, April eighth, A. D. one thousand eight hundred and sisty-flve. ARNOLD ICREKEL, President. Attest: Amos P. Foster, Secretary of Convention. ::f':