JOURNAL OF THE STATE CONVENTION, AND ORDIMICES AND RESOLUTIONS ADOPTED IN MARCH, 1861 , . ;5. . ^ /: Published by Order of the Convention. JACKSON, MISSISSIPPI : E. BARKS I) A LK, STATE PRINTER 1801. 7 DUKE UNIVERSITY LIBRARY Treasure %oom JOURNAL OF THE STATE CONVENTION, AND ORDIMICES AND RESOLUTIONS ADOPTED IN MARCH^ 1861. Published by Order of the Convention. JAOKSON: E. BABKBDALi;, 8TATB PRXHTBB. 10. ^v JOURNAL OF THE MISSISSIPPI STATE CONVENTION. MONDAY, Marcs 25, 1861. In obedience to the proclamation of the Hon. W. S. Barry, President of the Convention of the State of Missis- sippi, the Convention re-assembled at the Hall of the Hous« of Representatives, in the city of Jackson, this day, at 12 o'clock, M., and was called to order by the President. Upon a call of the roll fifty-nine members answered to their names. A quorum being present, the Convention proceeded to busin-ess. The Convention being informed that F. A. Fepe, Esq., the Secretary, was detained by sickness and would not be present. 250745 Mr. Tison moved that the Convention go into a new election, and put in nomination W. W. Humphreys, of Columbus. Mr. Brooke nominated Mr. E. P. Russell, of Jackson. On motion of Mr. Dyer, the election was postponed until to-morrow. The President presented to the Convention the following communication from the Hon. Howell Cobb, President of the Convention of the Confederate States : Convention op the Confederate States of America, | Montgomery, Alabama, ]■ March 12th, 1861. ) Hon. W. S. Barry, Jackson, Mississippi :— Sir : I herewith transmit to you a certified copy of the Constitution of the Confederate States of America, as it was finally adopted by the unanimous vote of the Conven- tion, to be placed before the Convention over which you preside for its approval and ratification. It will be seen that the Convention here have conformed to the general wish of the people of these States, in adopt- ing a Constitution upon the general principles of the Con- stitution of the United States. . The departures from the provisions of that instrument have been suggested by the experience of the past, and are intended to guard against the evils and dangers which led to the dissolution of the late Union. This Constitution is now submitted with con- fidence to the State Conventions for their action. Respectfully, HOWELL COBB, President of Convention of C. S. A. CONSTITUTION OB' THE CONFEDERATE STATES. We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquility and secure the blessings of liber- ty to ourselves and to our posterity— invoking "the favor and guidance of Almighty God— do ordain and establish this Constitution for the Confederate States of America. ARTICLE I. Section 1. • All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives. Section 2. 1. The House of Representatives shall be composed of members chosen every second year by the people of the sev- eeal States ; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requi- site for electors of the most numerous branch of the State Legislature ; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any of- ficer, civil or political, State or Federal. 2. No person shall be a Representative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. ^^ 250745 3. Representatives and Direct Taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three^fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confed- erate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not exceed one for every fifty thou- -sand, but each State shall have at least one Representative ; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six — the State of Geor- gia ten — the State of Alabama nine — the State of Florida two — the State of Mississippi seven — the State of Louisiana six, and the State of Texas six. 4. When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their speak- er and officers ; and shall have the sole power of impeach- ment ; except that any judicial or other federal officer, resi- dent and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof. Section 3. 1. The Senate of the Confederate States shall be com- posed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next im- mediately preceding the commencement of the term of ser- vice ; and each Senator shall have one vote. 2. Immediately after they shall be assembled, in conse- quence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the se- cond year ; of the second class at the expiration of the fourth year ; and of the third class at the expiration of the sixth year ; so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Ex- ecutive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill all such vacancies. 3. No person shall be a Senator who shall not have at- tained the age of thirty years, and be a citizen of the Con- federate States ; and who shall not, when elected, be an in- habitant of the State for which he shall be chosen. 5. The Senate shall choose their other officers ; and also a President pro tempore in the absence of the Yice Presi- dent, or when he shall exercise the office of President of the Confederate States. 6. The Senate shall have the sole power to try impeach- ments. When sitting for that purpose they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside ; and no per- son shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, imder the Confederate States ; but the party convicted sliall, never- theless, be liable and subject to indictment, trial, judgment and punishment according to law. Section 4. 1 . The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislatm-e thereof, subject to the provisons of this Constitution ; but the Congress may, at any time, by law, make or alter such regulations, except as the times and places for choosing Senators. 2. The Congress shall assemble at least once in every year ; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a difi'erent day. Section 5. 1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authoriz- ed to compel the attendance of absent members, in such manner and under such penalties as each House may pro- vide. 2. Each House may determine the rules of its proceed- ings, punish its members for its disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member. 3. Each House shall keep a journal of its proceedings, and from time to time publish tbo same, excepting such parti as may in their judgment require secresy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fith of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Section 6. 1. The Senators and Representatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of peace,- be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, and the emoluments whereof shall have been increased during such time ; and no person holding any office under the Confederate States shall be a member of either House dm*ing his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of each House, with the privilege of discussing any measures appertaining to bis department. Section 7. 1. All bills for raisimg revenue shall originate in Ihe House of Representatives ; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed boeh Houses, shall, before it becomes a law, be presented to the President of the Confederate States ; if he approve, he shall sign it ; but if not. he shall return it with his objections to that House in which it shall have originated, who shall enter the^ objec- tions at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the ob- jections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it sliall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return ; in which case it shall not be a law. The Pre- sident may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapprov- ed ; and shall return a copy of such appropriations, with his objection, to the House in which the bill shall have originat- ed ; and the same proceedings shall then be had as in case of other bills disapproved by the President. 3. Every order, resolution or vote, to which the concur- rence of both Houees may be necessary (except on a ques- tion of adjournment) shall be presented to the President of the Confederate States ; and before the same shall take ef- fect, shall be approved by him ; or being disapproved by him, shall be re-passed by two-thirds of both Houses accord- ing to the rules and limitations prescribed in case of a bill. Section 8. The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the com- mon defense, and carry on the government of the Confeder- ate States ; but no bounties sliall be granted from the trea sury ; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry ; and all duties, imposts and excises shall be uni- form throughout the Confederate States : 2. To borrow money on the credit of the Confederate States : 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; but neither this, nor any other clause contained in tlie Constitution, shall ever be construed to delegate the power to Congress to ap- propriate money for any internal improvement intended to faciliate commerce ; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the remov- ing of obstructions in river navigation, in all which cases, such duties shall be laid on :he navigation facilitated there- by, as may be necessrry to pay the costs and expense thereof: ' C— 5 10 4. To establish uniform laws of naturalization, and uni- form laws ou the subject of bankruptcies, throughout the Confederate States, but no law of Congress shall dis- charge any debt contracted before the passage of the same : 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and mea- sures : 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States : 7. To establish postoffices and post routes ; but the ex- penses of Postoffice Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues : 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discov- eries : 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies commit- ted on the high seas, and offences against the law of nations : 11. To decclare war, grant letters of marque and re- prisals, and make rules concerning captures on land and water : 12. To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years : 13. To provide and maintain a navy : 14. To make rules for the government and regulation o the land and naval forces : 15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions : 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States ; reserv- ing to the States, respectively, the appointment of the ofii- cers, and the authority of training the militia according to the discipline prescribed by Congress : 17. To exercise exclusive legislation, in all cases what- soever, over such district (not exceeding ten miles square) as may, by cession ofjjone or more States and the acceptance of Congress, become the seat of the Government of the ii Confederate States ; and to ^^xeroise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful build- ings : and 18. To make all laws which shall be necessary and pro- per for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the govern- ment of the Confederate States, or in any department or oflScer thereof. Section 9. 1. The importation of negroes of the African race, from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby for- bidden ; and Congress is required to pass such laws as shall effectually prevent the same. 2. Congress shall also have power to prohibit the intro- duction of slaves from any State not a member of, or Ter- ritory not belong to, this Confederacy. 3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 4. No bill of attainder, ex postfcvcto law, or law denying or impairing the right of property in negro slaves shall be passed. 5. No capitation or other direct tax shall be laid, unless in porportion to the census or enumeration hereinbefore di- rected, to be taken. 6. Nor tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses. 7. No preference shall be given by any regulation of com- merce or revenue to the ports of one State over those of nother. 8. No money shall be drawn from the treasury, but in con- sequence of appropriutions made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the lieads of Department, and submitted to Congress by the President ; or for the purpose of paying its own expen- ses and contingencies ; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which is hereby made the duty of Congress to eetablish. C— 6 12 iO. All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made ; and Congrci^s sliall grant no extra compensation to any public contractor, officer, agent or servant, after sucli contract shall Jmve been made or such service rendered. 11. No title of nobility shall be granted by the Confeder- ate States ; and no person liolding any office of profit or trust under them, shall without the consent of the Congress accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign State. 12. Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridiug the freedom of speech, or of the press ; or the right of the people peaceably to assemble and jietition the govern- ment for a redress of grievances. 13. A well regulated militia being necessary to the 'Secu- rity of a free State, the right of the people to keep and bear arms shall not be infringed. 14. No soldier shall, m time of peace, be quartered in any house without the consent of the owner ; nor in time of war but in a manner to be prescribed by law. 15. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indict- ment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual ser- vice, in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor be compelled, in any criminal case, to be a witness against himself ; nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. 17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer- tained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for abtaining wit- nesses in his favor ; and to have the assistance of counsel for his defence. 18 16. In suits at common law, where the value in controver- sy shall exceed twenty dollars, the right of trial by jur^ shall be preserved ; and no fact so tried by a jury shall be otherwise re-examined in any coui't of the Confederacy than according to the rules of the common law. 19.^ Excessive bail shall not bo required, nor excessive fines imposed, nor cruel and imusual punishments be inflicted. 20. Every law or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title. ^ SECTION 10. 1. No State sliall enter into any treaty, alliance, or con- federation ; grant letters of marque and reprisal ; coin mon- ey ; make any but gold and silver coin a tender in payment of debts ; pass any bill of attainder, or ex jjost facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No^ State shall, without the consent of the Congress lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws and the nett produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treas- ury of the Confederate States ; and all such laws be subject to the revision and control of Congress. 3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the im- provement of its rivers and harbors navigated by the said vessels ; but such duties shall not conflict with any treaties of the Confederate States with foreign nations ; and any surplus revenue, thus derived, shallj after making such im- provement, be paid into the comM'on treasury. Nor shall any state keep troops or ships of war in time of peace, en- ter into any agreement or compact vrith another state, or with a foreign power, or engage in war, unless factually in- vaded, or in such imminent danger as will not admit of de- lay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof. ARTICLE II. SECTION I. 1. The executive power shall be vested in a President of- the Confederate States of America. He and the Vice-Pres- ident shall hold their offices for the term of six years j but the President shall not be re-eligible. The President and Vice-President shall be elected as follows : u !^i JBach Stats ^hall appoint, iu such manner as the legts* iature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the Confederate States, shall be appointed an elector. 3. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person vo- ted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons vo- ted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the Confederate States, directed to the President of the Senate ; the Presi- dent of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors ap- pointed ; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose inunediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quorum for ik}^ purpose shall consist of a mem- ber or members from two-thirds of the states, and a majori- ty of all the states shall be necessary to a choice. And if the House of Representatives shall not choese a President, whener the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-Pres- ident shall act as President, as in case of the death, or other constitutional disability of the President. 4. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then, from the two highest numbers on the list the Senate shall choose the Vice-Presi- dent ;. a quorum for the purpose shall consist of two-thirds of the whole number oi Senators, and a majority of the whole number shall be necessary to a choice. 5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Confederate States. 15 6 The Conffress may determine the time of choosing the electors, and the day on which they ^hall give t^eir votes ; which day shall be the same throughout the Confederate 7 No person except a natural-born citizen of the Confed- erate States, or a citizen thereof, at the time of the adopt- ion of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall^ any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident with- in the limits of the Confederate States, as they may exist at the time of his election. . , , r « ^ ^« 8 In case of the removal of the President from office, or of his death, resignation, or inability to discharge the pow- ers and duties of the said office, the same shall devolve on the Vice-President ; and the Congress may, ^7 ^^w. Provide for the case of removal, death, resignation, or inability both of the President and Yice-President, declaring what officer shall then act as President, and such officer shall act accord- ingly until the disabiHty be removed or a President shall be ^ ^9 Vhe President shall, at stated times, receive for his services a compensation, which shall neither be ^creased nor diminished during the period for which he shall have been elected ; and he shall not receive within that period any other emolument from the Confederate States, or any ^ 10 ^Before he enters on the execution of his office, he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully ex- ecute the office of President of the Confederate States, and will to the best of my ability, preserve, protect, and defend the constitution, thereof." Section 2. 1 The President shall be command er.in-chief of the armV and navy of the Confederate States, and of the mili- tia of the several States, when caUed into the actual^ ser- vice of the Confederate States ; he may require the opinion in writing, of the principal officer in each of J^^ Executive Departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant r^ prieves and pardons for offences against the Confederate States, except in cases of impeachment. -16 2. He shall have power, by and with the advice and con- sent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall ap- point embassadors and other public ministers and consuls, Judges of the Supreme Court, and all other officers of the Confederate States, whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the Presi- dent alone, in the courts of law or in the heads of depart- ments. 3. The principal officer in each of the Executive Depart- ments, and all persons connected with the diplomatic ser- vice, may be removed from office at the pleasure of the President. All other civil officers of the Executive De- partment may be removed at any time by the President, or for dishonesty, incapatity, inefficiency, misconduct, or neg- lect of duty ; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. 4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by grant- ing commissions which shall expire at the end of their next session ; but no person rejected by the Senate shall be re- appointed to the same office during their ensuing recess. Section 3. *"1. The President shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faith- fully executed, and shall commission all the officers of the Confederate States. Section 4. 1. The President, Vice-President, and all civil officers of the Confederate States, shall be removed from office on im- peachment lor, and conviction of, treason, bribery, or other nigh crimes and misdemeanors. 17 ARTICLE III. Section 1. 1. The judicial power of the Confederate States shall he vested in one Supreme Court, and in such Inferior Courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 2. 1. The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made or whicli shall be made under their au- thority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and mari- time jurisdiction; to controversies to wliich tlie Confederate States shall be a party; to controversies between two or more States; between a State and citizen of another State where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and foreign States, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign State. 2. In all cases affecting ambassadors, otlicr public minis- ters, and consuls, and those in whicli a State sliall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section 3. 1. Treason against the Confederate States shall consist only in, levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in open com-t. 2. The Congress shall have power to declare the punish- ment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. 18 ARTICLE IV. Section 1. 1. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, pre- scribe the manner in which such acts, records, and proceed- ings shall be proved, and the effect thereof. Seciion 2. 1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property: and the right of property in said slaves shall not be thereby impaired. 2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on de- mand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having urisdiction of the crime. 3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be dis- charged from such service or labor : but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. Section 3. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Represen- tatives, and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the" consent of the legislatures of the States con- cerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof. 3. The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States ; and may permit them, at such times, and in 18 such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro tlavory as it now exists in the Confed- erate States, shall be recognized and protected by Congress, and by the territorial government: and the inhabitants of the several Confederate States and Territories, shall have the right to take to such territory any slaves lawfully held by them in any of the States or territories of the Confed- erate States. 4. The Confederate States shall guaranty to every State that now is or hereafter may become a member of this Con- federacy, a rci)ublican form of government, and shall pro- tect each of them against invasion; and on application of the legislature (or of the Executive when the lef2:islature is not in session) against domestic \'iolence. ARTICLE V. Section 1. 1. Upon the demand of any three States, legally assem- bled in tbeir several conventions, the Congress shall summon a convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made ; and should any of the proposed amendments to the Constitution be agreed on by the said convention — voting by States— and the same be ratified by the legislatures of two-thirds of the several States, or by conventions in two- thirds thereof — as the one or the other mode of ratification may be proposed by the general convention— they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal re- presentation in the Senate. ARTICLE VL 1. The Government established by this Constitution is the successor of the Provisional Government of the Con- federate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. 2. All debts contracted, and engagements entered into be- fore the adoption of this Constitution shall be as valid against the Confederate States under this Constitution as under the Provisional Government. 20 3. This Constitution, and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederate States, shall be the supreme law of the land; and the judges hi every State shall be bound thereby, anything in tlie con- stitution or laws of any State to the contrary notwithstand- ing.^ 4. The Senators and Representatives before mentioned, and the memlDcrs of the several State legislatures, and all executive and judicial officers, both of the Confederate States, and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States. 5. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage otliers retained by the people of the several States. 6. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof. ARTICLE YII. 1. The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution be- tween the States so ratifying the same. 2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Pro- visional Constitution, shall prescribe the time for holding the election of President and Vice-President ; and, for the meeting of the Electoral College ; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for as- sembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall con- tinue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government. 21 On motion of Mr. Harris, the Constitution accompany- ing the communication was referred to a select committee of five, and two hundred copies ordered to be printed for tlie use of the Conventiou. The President appointed as said committee Messrs. Glenn, Yerger, George, Jones and 0. Davis. Mr. Smart offered the following resolution : Resolved, That the Military Board be and they are here- by authorized and empowered to transfer to the govern- ment of the Confederate States such of the Volunteer com- panies of this State as may be willing and consent to volun- teer and enlist in the service of that government on the term? prescribed by it; and that such volunteers, without reference to the regimental districts defined by the Military Ordinance, shall be formed into battalions or regiments, and elect the field officers for such organizations. On his motion the resolution was referred to the Military committee. Mr. Rogers introduced a resolution in relation to the pay of certain military companies therein named for their ser- vices at Pensacola. On his motion, the resolution was adopted. Mr. George offered the following resolution : Resolved, That the special committee of five, to whom was referred the Permanent Constitution for the Confeder- ate States of America, be instructed to report to this Con- vention at 10 o'clock to-morrow morning, an ordinance providing for the ratification of said Constitution by this body on behalf of the State of Mississippi. Mr. Clayton, of Lowndes, offered " An Ordinance to provide for the election of delegates by the people of the State of Mississippi, to ratify in convention a Constitution for a permanent government of the Confederate States of America, as an amendment by way of substitute for the resolution. Mr. Yerger offered, " An Ordinance to provide for the ratification" or reiection of the Permanent Constitution by the people at the' ballot box, and also for the ratification or rejection by the people of the ordinance proposed," as a substitute for the substitute offered by Mr. Clayton, of Lowndes. Mr. Glenn submitted an Ordinance entitled, " An Ordi- nance to adopt and ratify by this Convention the Perma- nent Constitution," as a substitute for the resolution and amendments proposed. Mr. Brooke offered the following resolution : • SI2 ^ Resolved, That the committee to whom was referred the Permanent Constitution, adopted at Montgomery, be in- structed to report an Ordinance referring said Constitution directly to the people at the ballot-box for ratification or rejection. On motion of Mr. Davis, of Tippah, the various propo- sitions before the Convention were referred to the special committee of five on Permanent Constitution. On motion of Mr. Yerger, the vote referring the resolu- tion offered by Mr. Smart to the Military committee was reconsidered. Mr. Yerger oflered the following amendment to said res- olution, which was adopted to-wit : And upon such transfer and entry into the service of the Confederate States, said volunteers shall be considered mustered out of, and discharged from military service un- der the Ordinance of this Convention authorizing the cre- ation and organization of a Volunteer Division for the ser- vice of the State of Mississippi. Pending the adoption of the resolution as amended, the Convention adjourned until lO o'clock, to-morrow morning. TUESDAY, Margh 26th, 18G1. The Convention met pursuant to adjournment. The Journal of yesterday was read and approved. Mr. Brooke presented an Ordinance to repeal the Or- dinance entitled an "Ordinance to regulate the Military System of the State of Mississippi," and an "Ordinance to raise means for the defense of the State." On his motion the Ordinance was laid on the table and two hundred copies ordered to be printed. The Convention proceeded to the consideration of the unfinished business, to-wit : The resolution offered by Mr. Brooke on yesterday, that the committee to which was referred the Permanent Con- stitution, adopted at Montgomery, be instructed to report an Ordinance referring said Constitution directly to the people, at the ballot-box, for ratification or rejection. 23 Mr. Glenn moved to lay the resolution on the table, which was decided in the negative by yeas and nays as follows : YEAS-Mr. President, Messrs. Baldwin, Backstrom, Booth, Berry, Catchings, 0. Davis, Dease, Dyer, Deason, Eckford, George, Glenn, Gwin, Harris, Hill, Holt, Hurst, Isom, Jones, Keirn, Lea, Lamar, Lewis, McGhee, of Bolivar, Mil- ler, of Tunica, Neely, Nelson, Orr, Semmes, Terral, Thompson, Yaughan, Witty, Wilkinson and Woods — 37. Nays — Messrs. Barksdale, Brooke, Beene, Blair, Bonds, Bullard, Clayton, of Lowndes, Cummings, Colbert, J. S. Davis, Denson, Douglas, Edwards, Farrar, Flourney, Fon- taine, Gholson, Herring, Johnston, of De Soto, Keith, Ken-- nedy, King, Lewers, McGhee, of Panola, Miller, of Ponto- toc, Parker, Powell, of Jones, Rogers, Sanders, Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Wood, of Attala, Wright, Yerger and Young — 40. Mr. Clayton, of Lowndes, offered an Ordinance as a sub- stitute for the resolution offered by Mr. Brooke, entitled an Ordinance to provide for the election of delegates by the people of the State of Mississippi to ratify in Conven- tion a Constitution for a permanent government of the Confederate States of America. On motion of Mr. Glenn, the substitute was laid on the table by yeas and nays as follows : Yeas — Mr. President, Messrs. Baldwin, Backstrom, Booth, Brooke, Blair, Berry, Catchings, Colbert, 0. Davis, Dease, Douglas, Dyer, Deason, Eckford, George, Glenn, Gwin, Harris, Hill, Holt, Hurst, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Lea, Lamar, Lewis, McGhee, of Bolivar, McGhee, of Panola, Miller, of Tunica, Neely, Nel- son, Orr, Parker, Powell, of Jones, Semmes, Terral, Thompson, Yaughan, Witty, Wilkinson and Woods — 45. Nays — Messrs. Anderson, Barksdale, Beene, Bonds, Bul- lard, Clayton, of Lowndes, Cummings, J. S. Davis, Ed- wards, Farrar, Flourney, Fontaine, Gholson, Herring, King, Kennedy, Lewers, Miller, of Pontotoc, Rogers, Saaders, Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Woods, of Attala, Wright, Yerger and Young — 30. Pending further action on the resolution offered by Mr. Brooke, Mr. Glenn asked the unanimous consent of the Convention to make a report from the committee to whom 24 was referred the Constitution of the Confederate States of America. Objections being made, the question was put to the Con- vention and decided in the affirmative. Mr. Glenn then submitted the following report : Mr. President : — The committee to whom was referred the Constitution of the Confederate States of America, have had the same under consideration and have instructed me to report an Ordinance providiug for the adoption and ratification by the State of Mississippi, acting in its sovereign and inde- pendent character, the Constitution adopted by the Con- gress at Montgomery, in the State of Alabama, in the year of our Lord, 1861, and to recommend its passage. Mr. Yerger, from the same committee, made a minority report, and with his report, " an Ordinance to provide for the ratification or rejection of the Permanent Constitution, by the people at the ballot-box ; and, also, for the ratifica- tion or rejection, by the people, at the ballot-box, of the Ordinance proposed." On motion of Mr. Wood, of Attala, the majority report was received. Question on agreeing, Mr. Wood, of Attala, offered "an Ordinance to provide for submitting the permanent Consti- tution of the Confederate States of America, to the people of the State of Mississippi," as a substitute for the Ordi- nance reported by the majority committee. Pending further action, on motion, the Convention ad- journed until 3 o'clock p. M. THREE CLOCK, P. M. The Convention met pursuant to adjournment. The President announced that he had received from Mr. F. A. Pope his resignation as secretary of the Convention. The resignation was received, and, on motion of Mr. Glenn, the Convention proceeded to the election of a sec- retary to fill the vacancy. On his further motion, Mr. E. P. Russell, of Jackson, was elected secretary by acclamation. On motion of Mr. Brooke, the Ordinance to repeal an Ordinance entitled, " An Ordinance to regulate the military 25 system of the State of Mississippi," and au '' Ordinance to raise means for the defense of the State/' was called from the table, and on motion of Mr. Holt, was referred to the military committee. The Convention resumed the consideration of the unfin- ished business pending the adjournment, to-wit : The Ordinance offered by Mr. Wood, of Attala, as a sub- stitute for the Ordinance reported by the majority commit- tee on the permanent Constitution. Pending the action, on motion, the Convention adjourn- ed until 10 o'clock, to-morrow morning. WEDNESDAY, March 27th, 1861. The Convention met pursuant to adjournment. The Journal of yesterday was read and approved. The President presented to the Convention the following communications from the Hon. W. S. Wilson and Jas. S. Johnston, to-wit : Port Gibson, March 22d, 1861. Hon. W. S. Barry, President of the Convention : — Sir: As it is very doubtful whether I should be able to attend the adjourned session of the Congress, at Montgom- ery, in May, I have felt it to be my duty to tender the re- signation of my seat. Will you be good enough to make this known to the Convention, and to express to them my appreciation of the honor which was done me by the ap- pointment. Very respectfully yours, n, Harris, Keith, King, McGhee, of Bolivar, Miller, of Po.n to toe, Miller, of Tunica, Neely, Orr, Parker and Vaughn- -19 Nays — Mr. President, Messrs. Anderson, Aldridge, Barksdale, Baldwin, Backstrom, Bo^oth, Beene, Bonds, Bul- lai'd. Clayton, of Lowndes, Cummijigs, Clapp, 0. Davis, Dea -e. Dyer Eckford, George, Gibson, Gwin, Holt, John- ston, of lie Soto, Jones, Keirn, Kennedy, Lea, Lewers, La- raar, Lewis, Marshall, Mayson, McGhee, of Panola, Nelson, Pattison, Reynolds, Saaders, Semmes, Sumner, Stephens, Tisou, Taylor, Thompson. Witty, Wilkin8on,Woods,Wright, and Young — 46. Mr. Fontaine introduced an Ordinance to suspend actions for the collection of certain debts, which was read the first and second times under a suspension of tke rule. Mr. Brooke ofiered .tlie following amendment, which was adopted, to-wit : Provided. That no merchant who avails himself of the benefits of thi^ Ordinance shall be permitted to dun or sue a custonit.'.r for any debt for goods purchased or bought from the creditor whose debt lie seeks to avoid. On motion of Mr. 0. Davis, the Ordinance and amend- ment was laid on the table. Mr. Deason from the comndttee of three, to whom was re- ferred a resolution in relation to reporting an Ordinance for the relief of the poor of the State, reported an Ordinance entitled, *' an Ordinance , to relieve the destitation of the people of the State of Mississippi," with a recommendation that it do pass, w^hich was received and agreed to and the Ordinance read the first time. On his motion the rule was suspended and the Ordinance read a second time. Mr. Harris ofiered the following amen^dment which was adopted, to-wit : That the Boards of Police of the several counties who may receive money under this Ordinance, be and they are hereby authorized and required to levy a special tax for the payment of the same. Mr- Aldridge moved to amend by etrikimg out the third section, which was lost. On motion of ^Ir. Clapp the Ordinance was recommitted to the same committee. On motion of Mr. Dease, Mr. Clapp was added to the committee. 39 Mr. Aldridge introduced an Ordinance in relation to lands in the State of Mississippi, belonging to Indian or- phans, which was read the first time. On his motion the rule was suspended and tlie Ordinance adopted. Mr. Glenn offered the following resolutions which were adopted, to-wit : Resolved, That E. P. Russell, Secretary of the Conven- tion, be allowed the sum of fifty dollars, for services render- ed in revising and correcting the journals of the Convention held in January last, to be paid for out of any money in the Treasury not otherwise appropriated on the warrant of the Auditor of Public Accounts. Resolved, furtJicr, That he be allowed three days after the adjournment of the Convention to complete the duties assigned him, and that he be allowed the compensation fixed by law, to be paid for out of any money in the Treasury not otherwise appropriated, on the warrant of the Auditor of Public Accounts. Mr. 0. Davis introduced an Ordinance to confer certain powers on the Legislature, which was read the first time. On motion of Mr. Anderson the Ordinance was laid on the table. On motion of Mr. George, Resolved, That the committee on the State Constitution be instructed to inquire into the expediency of requiring all State, County and District Ofiicers of this State, and all members of the bar, to take an oath to support the Consti- tution of the Confederate States of America, and that they report by Ordinance or otherwise. Mr. Dyer introduced an Ordinance to amend an Ordi- nance entitled, an Ordinance to amend the Constitution of this State in certain particulars, adopted, January 26, 1861, which was read a first and second time under a suspension of the rule, and, on motion of Mr. Stephens referred to the committee on State Constitution. On motion of Mr. Jones, of Sunflower, the Convention adjourned until nine o'clock to-morrow morning. SATURDAY, March ^th, J 86 1 The Convention met pursuant to adjournment. The Journal of yesterday was read and approved. C—IO 40 Mr. Barksdal^ made the following report : Mr. President : — The committee on Enrolled Ordinances have examined and found correctly enrolled, an Ordinance in relation to lands in the State of Mississippi belonging to Indian Or- phans ; Also, resolutions in relation to the Secretary of the Convention. Leave of absence was granted Messrs. Backstrom, Bui- lard and Denson. Mr. Brooke introduced an Ordinance in reference to the Marine Hospital, at Vicksburg, whicli wa^s read the first and second time under a suspension of the rule. On his motion the Ordinance was considered as engross- ed read the third time and passed, with title as stated. Mr. Miller from the committee on State Constitution re- ported an Oi'dinance to amend the constitution of the State of Mississippi, in several particulars, and recommended its passage, which was received and agreed to, and the Ordi- nance read the first and second times under a suspension of the rule. On his motion the Ordinance was considered as engross- ed, read the third time and passed, with title as stated. Mr. Orr introduced an Ordinance to amend an Ordinance entitled, an Ordinance to regulate the Military system of the State of Mississippi, which was read the first and sec- ond time under a suspension of the rule. On his motion, the rule was further suspended and the Ordinance read a third time. ^ The question was then taken on the passage of the Or- dinance and decided in the negative. Mr. Clapp from the select committee to whom was re- ferred a resolution in relation to the destitution of the poor in certain portions of the State, reported an Ordinance for the relief of certain counties of this State and recommend- ed its passage, which was received and agreed to, and the Ordinance read the first time. On his motion the rule was suspended and the Ordinance read the second time. On his further motion the Ordinance was considered as engrossed and read the third time. The question was then taken on the passage of the Or- dinance and decided in the affirmative upon a call of the yeas and nays, as follows : 41 YEAS-Mr. President, Messrs. Barksdale, Baldwin, Booth, Brantley, Brooke, Bonds, Bookter, Clayton, of Marshall, Catchings, Clapp, 0. Davis, Dease, Denson, Douglas, Dyer, I 'eason, Eckford, George, Glenn, Gibson, Gholson, Gwin, Harris, Holt, Isoin, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy, Lea, i^amar, Lewers, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Parker, Powell, of Cov- ington, Powell, of Jones, Rogers, Sanders, Stephens, Ter- ral, Taylor, Thompson, Witty, Woods, Wood, of Attala, Wright and Youn^ — 56. Nays — Messrs. Backstrom, Beene, Clayton, of Lowndes, Colbert, Fontaine, Sumner and Tison — 7. On motion of Mr. Clapp, so much of the communication from tlie Governor, received on yesterday, as relates to Military aflfairs, was referred to the Military committee. Mr. Harris introduced an Ordinance to alter and modify the Ordinance entitled an Ordinance concerning the juris- diction and property of the United States of America in the State of Mississippi, which was read a first and second time under a suspension of the rule. On his motion the rule was further suspended, the Ordi- nance considered as engrossed and read the third time. The question was then taken on the passage of the Or- dinance and decided in the affirmative. On motion of Mr. George, the Ordinance in relation to judgments and decrees heretofore rendered, and suits pend- ing in the United States Court, lately existing in this State and the records tliereof, was called up and read the second time. On motion of Mi-. 0. Davis the Ordinance was laid on the table. Mr. Glenn introduced ah Ordinance to provide for the appointment of electors of President and Vice President of the Confederate States, which was read the first time. On his motion the rule was suspended and the Ordinance read the second time. On his further motion the Ordinance was considered as engrossed, read the third time and passed, with title as stated. Mr. Gibson introduced an Ordinance for the regulation of the militia of the State, which was read the first time and, on motion of Mr. Tison, laid on«the table. Mr. Jones, of Sunflower, iptroduced an Ordinance au- C— 11 4& thorizing the investment of trust funds in the public secu- rities of the State of Mississippi, or of the Confederate States, which was read the first and second times under a suspension of the rule. On motion of Mr. Fontaine the Ordinance was laid on the table. The chairman, Mr. Gholson, presented the following communication : Jackson, Mississippi, March 30th, 1861. Hox\. W. S. Barry, Sir: Enclosed in parcel please find an enlarged photo- graph of the State Seal, or Coat of Arms. Knowing that it was not adopted and that it perhaps would be forgot, I take the liberty of sending it to you for the inspection of the Convention, with a description or explanation of the same. All of which is respectfully submitted, M. L. CARLISLE. The Magnolia represents the beauty of the State in which the bird of liberty has chosen to build her nest, and rear her young. The nest is cautiously approached by a serpent, which, without molestation has been tolerated to obtain a position whereby he imagines to make an easy con- quest of his prey, and is in the attitude of striking the fatal blow, when the mother, ever watchful, and seeing the actu- al danger of her young, seizes the serpent in her talons. The serpent being represented as writhing in the agonies of death— a just retribution for his temerity. And so with the South ; she had tolerated the serpent until it became dangerous to her peace and prosperity, when her future safety prompted the fatal blow that leaves liim powerless in her grasp. The cotton, the plow and steamer represents wealth, ag- riculture and commerce» while the citizen soldier, arms and fortifications represent our defences. Mr. Orr offered the following resolution, which was adopted, to-wit : Besolvpd, That the Stale of Mississippi hereby subscribes for five hundred copies of the proceedings, debates, etc., of the first session of this Convention, as published by J. L, Power ; provided^ that he add thereto the proceedipgs and Ordinances of this session, and the debates in full on the ratification of the permanent Constitution of the Confed- erate States of America. Jind, provided further, That the cost of each volume shall not exceed one dollar ami fifty cents ; and when the said work is published, one copy 43 shall be seiit to each member of this Convention, and the balance delivered to tlie Secretary of State, fifty copies to be preserved in his office, and the balance to be distributed among the several courts of this State, and na the certifi- cate of the Secretary of State that the terms of this reso- lution have been complied with, the Auditor shall issue \\]^ warrant in behalf of the said J. L. Power. Mr. Catchings introduced an Ordinance to abrogate and annul the first and second sections of an Ordinance, adop- ted on the 26th day of January, 1861, entitled, an Ordi- nance to provide for the representation of the State ol Mississippi in the Congress of the Southern Confederacy, which was read the first and second time under a suspen- sion of the rule. Mr. Catchings, by leave, withdrew the Ordinance, where- upon Mr. George introduced an Ordinance appointing A. M. Clayton, W. S. Barry, J. A. P. Campbell, W. Brooke, W. P. Harris and Jas. T. Harrison, representatives or del- egates from this State in the provisional Congress of the Confederate States of America, which was rc^d the first. and second time under a suspension of the rule. Mr. Dyer ofiered the following amendment : Amend by striking out of the second section the words ''viva voce,^^ and insert in lieu thereof the words "by ballot," which was adopted. Mr. Aldridge offered the following amendment, amend by way of additional section as follows ; Section 3. Be it further Ordained, That we cordially ap- prove and endorse the action of our delegates at Montgom- ery. Which was adopted. On motion of Mr. George, the rule was further suspended and the Ordinance read the third time. The question was then taken on the passage of the Or- dinance as amended, and decided in the affirmative. Ordered that the title stand as stated. Mr. Clapp introduced an Ordinance to provide a coat of arms and a flag for the State of Mississippi, which was read the first and second time under a suspension of the rule. On his motion the rule was further suspended, ^e Ordi- nance considered as engrossed and read the third nme. The question was then taken on the passage of the Ordi- nance and decided in the affirmative. Ordered that the title stand as stated. C— 12 44 Mr. George introduced an Ordliiauce to define the pow- er of the Legislature of this State in relation to the Ordi- nances and resolutions adopted bv this Convention, which was read the first time. On liis motion the rule was suspended, ilic Ordinance read the second time and referred to the committor on ?^tato Constitution. On motion of Mr. Jones, of Sunflower, the committee ad- journed until 3 o'clock, P. M. THREE Clock, p. m. The Convention met pursuant to adjournment. Mr. George offered the following resolution whicli Avas adopted, to-wit : Resolved, That it is the sense of this Convention that the government under the permanent Constitution of the Con- federate States, should be organized and put into operation at as early a period as practicable and consistent with the public safety, and that the delegates of this State to the Provisional Congress be requested to urge the policy indi- cated by this resolution upon that body. Ml*. Wood, of Attala, offered the following resolution, which was lost, to-wit : Resolved, That M. L. Carlisle, who kindly presented to this Convention an imperial size photograph of the State seal of Mississippi, be granted the exclusive right to pho- tograph or lithograph the same, as modified by resolution of this body. Provided, that this shall not interfere with the right of any officer of this State to use said seal in offi- cial business. On motion of Mr. Harris the Ordinance to repeal the Ordinance entitled, an Ordinance to regulate the Military system of the State of Mississippi, and an Ordinance to raise means for the defense of the State, was called up. Mr. Harris moved the adoption of the Ordinance. On motion of Mr. George, the Ordinance was laid on the table. 45 The chairman, Mr. Gholson, presented the following com- munication from the Hon. J«L. Alcorn : Friar's Point, Miss., March 25, 1861. Hon. W. S. Barry, President of Mississippi Convention: Jackson, Mississippi. •Sir: 1 regret that serious indisposition, whereby I have been confined to my room for the past four days, denies me the pleasure and privilege of attending the called ses- sion of the Convention. Be kind enough to inform the Convention. Very respectfully, Your obedient serv't, J. L. ALCORN. Mr. Miller from the committee on State Constitution, to whom was .referred an Ordinance to define the power of the Legislature of this State in relation to the Ordinances and resolutions adopted by this Convention, reported the same back to the Convention with a recommendation that it do pass, which was received and agreed to. On motion of Mr. George the rule was suspended the Ordinance read the third time and passed, with title as stated. Mr. Anderson introduced an Ordinance making certain appropriations therein named, which was read the first time. On his motion the rule was suspended, the Ordinance read the second and third time and passed. Ordered, that the title stand as stated. Mr. Marshall introduced an ordinance supplemental to an Ordinance entitled, an Ordinance to raise means for the defense of the State, adopted January 26th, 1861, which was read the first time. Mr. Anderson moved to lay the Ordinance on the table, which was decided in the affirmative, upon a call of the yeas and nays, as follows : Yeas — Mr. President. Messrs. Anderson, Aldridge, Barksdale, Booth, Brantly, Bonds, Cla>ton, of Marshall, Clayton, of Lowudes, Colbert, Clapp, 0. Davis, Dease, D\ er, Deason, Fonraiiie. GoorL^e, Gibson. Harris, H«)lt,Ip<»ui, Johnston, of De Soto. Jones. Kciin, Kcitli. K( nii('. That the general, greiit and essential principles of liberty and free government nmy be recognized and established, we declare : Section 1. That all freemen, when they form a social compact, ai-e equal in rights ; and "that uo ^^y men, or set of men, are entitled to exclusive, sepa-^i y|^^\^^ rate public emoluments or privileges from the com- munity, but in consideration of public services. Sec. 2. That all political power is inherent in the people, and all free governments are founded on their authority and established for their beneiat ; and, therefore"^, they have, at all times, an inalien- able^and indefeasible right to alter or abolish their form of government in such manner as they may think expedient. n CONSTITUTION OF MISSISSIPPI. Sec. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall Religious lorever be free to all persons in tliis State : Pro- worship, vided, That the right hereby declared and establish- ed shall not be so construed as to excuse the acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. Sec. 4. No preference shall ever be given by law to any religious sect or mode of worship. Sec. 5. That no person shall be molested for liis opinions on any subject whatever, nor suffer any civil or political incapacity, or acquire any civil or political advantage in consequence of such opinions, except in cases provided for in this constitution. P eed ^^^* ^' ^^^^y citizen may freely speak, write of^speec? ^^^ publish his sentiments on all subjects, being * responsible for the abuse of that liberty. Sec. 7. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. Sec. 8. In all prosecutions or indictments for libel, the truth may be given in evidence ; and if it Truth to shall appear to the jury that the matter charged as be given libelous is true, and was published with good motives mevidnce ^^^ for justifialDle ends, the party shall be acquitted; secutions' ^^^ *^^^ J^^J ^^^^^ ^^^"^^ ^^^^ right to determine the for libel, law and the facts. Sec. 9. That the people shall be secure in their persons, houses, papers and possessions, from unrea- sonable seizures and searches ; and that no warrant to search any place, or to seize any person or thing, shall issue without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, sup- ported by oath or affirmation. Sec. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself, or counsel, or both ; to demand the nature and cause The ^u- ^^ ^YiQ accusation ; to be confronted by the witnesses * heard and against him ; to have a compulsory process for ob- conyicted. taining witnesses in his favor ; and, in all prosecu- tions, by indictment or information, a speedy and public trial by an impartial jury of the country wjjpre the offence was committed ; that he cannot be compelled to give evidence against himself ; nor can he be deprived of his life, liberty or property, but by due course of law. CONSTITTTION OP MISSISSIPPI. 51 Sec. 11. No person shall be accused, arrested or detained, except in cases ascertained by law, and according to the form which the same has pre- scribed ; and no person shall he punished but in virtue of a law establislied and promulgat-ed prior to the offence, and legally applied. Sec. 12. That no person shall, for an indicta- ble offence, be proceeded against criminally by P r oceed- information, except in cases arising in the land or ings in in- naval forces, or in the militia, when in actual ser-^i.^^^^^^ vice, or by leave of the court, for misdemeanor in ^ ^"^®^' office. Sec. 13. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any person's property be taken or applied to public use without the consent of the Legislature, and without just compensation being first made therefor. Sec. 14. That all courts shall open, and every person, for an injury done him in his lands, goods,' person or reputation, shall have remedy by due course of law, and i*ight and justice administered without sale, denial or delay. Sec. 15. That no power of suspending laws shall be exercised except by the Legislature or its authority. Sec. 16. That excessive bail shall not be re- Excessive quired, nor excessive lines imposed, nor cruel pun- bail- ishment inflicted. Sec. 17. That all prisoners shall, before con- viction, be bailable by sufficient securities, ^^^ept^V *^ for capital offences, where the proof is evident, or i^ ^ b ea s the presumption great ; and the privilege of the corpus,&c. writ of habeas corpus shall not be suspended, un- less, when in a case of rebellion or invasiou, the public safety may require it. Sec. 18. That the person of a debtor, whcnw hen there is not strong presumption of fraud, shall not debtor not be detained in prison after delivering up his estate to. ^ if^- for the benefit of his creditors, in such a manner as pns^^^d. shall be prescribed by law. Sec. 19. No conviction for any offence shall worl^ corruption of blood or forfeiture of estate; the Legislature shall pass no bill of attainder, ex post facto law, nor law for impairing the oligation of contracts. 52 CONSTITUTION OP MISSISSIPPI. Sec. 20. No property qualification for eligibil- ity to office, or for the right of suffrage, shall ever be required by law in this State, rp. Sec. 21. That the estates of suicides shall de- lates of^^^^^ ^^' ^'^^^ ^^ ^^^ cases of natural death ; and if suicides, any person shall be killed ])y casuality, tliere shall be no forfeiture ]iy reason thereof. Sec. 22. That the citizens have a riglit, in a The right Peaceable manner, to assemble together for their of petition common good ; and to apply to those invested with the powers of government for redress of grievan- ces, or other purposes, by petition, address or re- monstrance. R i ght to ^^C- 23. Every citizen has a right to bear arms bear arms in defence of himself and of the State. Sec. 24. No standing army shall be kept up No stand- without the consent of the Legislature ; and the ing army, military shall, in all cases and at all times, be in except,&c strict subordination to the civil power. Sec. 25. That no soldier shall, in time of peace, • be quartered in any house without the consent ol the owner, or in time of war, l>ut in the manner to be prescribed by law. Sec. 26. That no hereditary emoluments, privi- leges or honors shall ever be granted or conferred- in this State. Sec. 27. Emigration from this State shall not E m i gra- bc prohibited, nor shall any . free white citizen of tion, &;c. |yg State ever be exiled und^r any pretence what- ever, T r i al by ^^^' '^^' '^^^ right of trial by jm-y shall remain jury, inviolate. Sec. 29» No person shall be debarred from pro- PrQsecu- secuting or defending any civil cause for or against t i o n f him or herself, before any tribunal of this State, by suits. him or herself or counsel, or both. Sec. 30. No person shall ever be appointed or Tenure of elected to any office in this State for life or during office. good behavor ; but the tenure of all offices shall be for some limited period of time, if the person ap- pointed or elected thereto shall ' so long behave well. CONSTITUTION OF MISSISSIPPI. 53 CONCLUSION. To guard against transgressions of the liigli powers heroin delegated, we DECiiARE that every- thing in this article is excepted out of tlie general powers of government, and shall forever remain inviolate : and tliat all laws contrary thereto, or to the following provisions, shall be void : ARTICLE 11. DISTIIIBUTION OF POWERS. Sec. 1. The powers of the government of the State of Mississippi shall be divided into three dis- D istribu- tinct departments, and each of them confided to a*iny co urt of law or equity, Officers secretary of state, attorney-g-ciieral, clerk of any not eligi- court of record, slieriff or collector, or any person ble to leg- holding a lucrative office under the laws of the islature. Confederate States of America, or of this State, shall be eligible to the legislature : Provided, That officers in the militia, to whicli there is attached no annual salary, and the office of the jus- tice of the peace, shall not be deemed lucrative. Sec. 28. No person who has lieretofore, or here- Befaulters ^^^^^'' ^QGii a collector or holder of public moneys, shall have a seat in either liouse of the legislature until such person shall have accounted for, and paid into the treasui-y, all sums for whieli he may be accountable. Sec. 29. The first election for senators and representatives shall be general tlu'oughout the First elec- State, and shall be held on the first Monday, and tion.when day following, in November, 1833 ; and thereafter holden. there shall be biennial elections for senators to fill the places of those whose term of service may have expired. Sec. 30. The first and all futui'e sessions of the legislature shall be held in the town of Jackson, in Seat of^^^^ county of Hinds, until the year 1850. During governm't ^^^^ ^i'^* session thereafter, the legislature shall have power to designate, by law, the permanent seat of government : Provided, hoiveuer, That unless such designation be then made by law, the seat of govern- ment shall continue permanently at the town of Jackson. The first session shall commence on the third Monday in November, in the year 1833; and in every two years thereafter, at such time as may be prescribed by law. Sec. 31. The governor, secretary of state, treas- urer, auditor of public accounts and attorney-general shall reside at the seat of government. ARTICLE IV. JUDICIAL department. Sec. 1. The judicial power of the State shall J u d i cial ^® vested in one high court of errors and appeals, power. ^^^ such other courts of law and. equity as are hereafter provided for in this constitxition, CONSTITUTION OF MISSISSIPPI. 59 Sec. 2. The high court of errors and appeals shall consist of three judges, any two of whom shall High c®'rt form a quorum. Tlie legislature shall divide the of errors State into three districts, and the qualified electors * ^ <^ *P- of each district shall elect one of said judges for ^^^^' the term of six years. Sec. 3. The office of one of said judges shall ^^^S^s be vacated in two years, and one in four years, ^^^^^^^^ and one in six years — so that, at the expiration of of office, every two years, one of said judges shall be elected, as aforesaid. Sec. 4. The high court of errors and ^PP^^ls j u-ig^jv. siiall have no jurisdiction but such as ^properly be- tion. longs to a court of errors and appeals. Sec. 5. All vacancies that may occur in said court, from death, resignation, or removal, shall be y illed by election as aforesaid : Provided, Jio^uever, That if the unexpired term do not exceed one year, the vacancy shall be filled by executive appoint- ment. Sec. C). No person shall be eligible to the office of judge of the high court of errors and appeals, Where Avho shall not have attained, at the time of his elec- holden. tion, the age of thirty years. Sec. 7. The high court of errors and appeals shall be held twice in each year, at such place as First elec- the legislature shall direct, until the year eighteen tion. liundred and thirty-six, and afterwards at the seat of government of the State. '} Sec. 8. The secretary of state, on receiving all the official returns of the first election, shall pro- ceed forthwith, in the presence and with the assis- rj.^ ^ tance of two justices of the peace, to determine, by office, lot, among the three candidates having the highest number of votes, which of said judges shall serve for the term of two years, which shall serve for the term of four years, and which shall serve for the term of six years ; and, having so determined the same, it shall be the duty of the Governor to issue commissions accordingly. Sec. 9. No judge shall sit on the trial of any when cause when the parties cr either of them shall be judge dis- connected with him by affinity or consanguinity, or quaHfied. when he may be interested in the same, except by consent of the judge and of the parties ; and when- 60 CONSTITUTION OP MISSISSIPPI. ever a quorum of said court are situated 'as aforesaid, the Governor of the State sliall in such case es- pecially commission two or more men of law knowl- edge, for the determination tlicreof. ^ bEC. 10. The judges of said court shall receive for their services a compensation to be fixed by law, Salaries, which shall not be diminished during their contin- uance in oflSce. Sec. 11. The judges of the circuit court shall Judges of be elected by thcqualilicd electors of each judicial circuit district, and hold tlieir offices for the term of four court. years, and reside in their respective districts. Sec. 12. No person shall be eligible to the of- fice of judge of the circuit court, who shall not at Q uallfica- the time of his electiop, have attained the age of tions. twenty-six years. Sec. 13. The State shall be divided into conve- Circuits. nient districts, and each district sliall contain not less than three nor more than twelve counties. Sec. 14. The circuit courts shall have original J urisdic- jurisdiction in all matters, civil and criminal, with- tion, &c. in this State ; but in civil cases only when the princi- pal of the sum in controversy exceeds fifty dollars. Sec. 15. A circuit court shall be held in eacli county of this State, at least tAvice in each year ; and the judges of said court shall interchange cir- C hancery cuits with each other, in such, manner as may bepre- courts, scribed by law, and shall receive for their services a compensation to be fixed by law, which shall not l^e diminished during their continuance in office. Sec. 16. A separate superior court of chancery shall be established, Avith full jurisdictipn in all mat- J urisdic- ^^^'^ ^^ equity : Provided, however, The legislature tion. Di^y gi'^G '^^ t^^-6 circuit courts of each county equity jurisdiction in all cases where the value of the thing or the amount in controversy does not exceed five hundred dollars ; also, in all cases of divorce, and for the foreclosure of mortgages. The chancellor shall be elected by the qualified electors of the whole State, for the term of six years, and shall be at least thirty years old at the time of his election. Sec. 17. The style of all process shall be "The Stateof Mississippi," and all prosecutions shall be Style f carried on in the name a.nd • by the authority of process, u r^^^ g^^^^ ^^ Mississippi," and shall conclude, ''agjaiust the peace and dignity of the same," CONSTITUTION OF mSSISSIPPI. 61 Sec. 18. A court of probates shall be estab- lished in each county of the State, with jurisdiction P ro bate in all matters testamentary, and of administration court, in orphans' business, and the allotment of dower, in cases of idiocy and lunacy, and of persons non compos mentis. The judge of said court shall be J u ricdic- elected by the qualified electors of the respective <^i<^»- counties, for the term of two years. Sec. 19. The clerk of the high court of errors and appeals shall be appointed by the said court, for Clerks, the terra of four years : and the clerks of the pro- bate and other inferior courts, shall be elected by the qualified electors of the respective coimties, and shall hold their offices for the term of two years. Sec. 20. The qualified electors of each county shall elect five persons, for the term of two years, who shall constitute a board of police for each ^oard o f county, a majority of whom may transact business; ■^®"^^' wliich body shall liave full jurisdiction over roads, highways, ferries and bridges, and all other matters of county police ; and shall order all county elec- tions, to fill tlie vacancies that may occur in the of- fices of their respective counties. The clerk of the court of probate sliall be the clerk of the board of police. Sec. 21. No person shall be eligible as a mem- ber of said board, who shall not have resided one^ ,.- year in the county ; but this qualification shall not ^ "^^ ' ^^' extend to sucli new counties as may liereafter be established, until one year after their organization ; and all vacancies that mav occur, in said board shall be supplied by election as aforesaid to fill the^^^^""^®^ unexpired term. Sec. 22. The judges of all the courts of this State, and also the members of the board of the Conserva- county police, shall in virtue of their offices, be con- ^^^^ o^ *^^ servators of the peace, and shall be, by law, vested ^^*'^^' with ample powers in this respect. Sec. 23. A competent number of justices of tne peace and constables shall be chosen in each county P,^° ^ *** by the qualified electors thereof, by districts, who shall hold their offices for the term of two years ; - . . the jurisdiction of justices of the peace shall be lito- ^ ^ ^t ii*« ited to causes in which the principal of the amount peace, in coatrovor&y shall not exceed fifty dollars ; in all 62 CONSTITUTION OF MISSISSIPPI. causes tried by justices of the peace, the right of appeal shall be secured, under such rules and regu- lations as shall be prescribed by law. Sec. 24. The legislature may, from time to time establish such other inferior courts as may be deem- ntenor. ^^ necessary, and abolish the same whenever they deem it expedient. Sec. 25. There shall be an Attorney-General Attorney- elected by the qualified electors of the State, and a General, competent number of district attorneys shall be elected by the qualified voters of their respective districts : whose compensation and term of service shall be prescribed by law. Sec. 26. The legislature shall provide, by law, Contested for determining contested elections of judges of the elections, high court of errors and appeals, of the circuit and probate courts, and other officers. Sec. 27. The judges of the several courts of J u d g es, ^^^^s State, for wilful neglect of duty or other reason- how r e- able cause, shall be removed by the governor, on the moved, address of two-thirds of both houses of the legisla- ture ; the address to be by joint vote of both houses. The cause or causes for which such removal shall be required, shall be stated at length in such ad- dress, and on the journals of each house. The judge so intended to be removed, shall be notified and admitted to a hearing in his own defense, before the vote for such address shall pass ; the vote on such address shall be taken by the yeas and nays, and entered on the journals of each house. Sec. 28. Judges of probate, clerks, sheriffs, and ?^^®^^» other county officers, for the wilful neglect of duty, ^° *^ ' or misdemeanor in office, shall be liable to present- ment or indictment by a grand jury, and trial by a petit jury ; and, upon conviction, shall be removed from office. ARTICLE V. executive department. Sec. 1. The chief executive power of this State (jovemor, shall be vested in a Governor, who shall hold tenure of^^g ^^^e for two years from the time of his in- °®^- stallation. CONSTITUTION OF MISSISSIPPI. 63 Sec. 2. The Governor shall be elected by the qualified electors of the State. The returns of every Hewelec election for governor shall be sealed up and trans- ted. mitted to the seat of government, directed to the Secretary of State, who shall deliver them to the speaker of the House of Representatives at the next ensuing session of the legislature, during the first week of which session the said speaker shall open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be Governor ; but if two or more sliall be equal, and highest in votes, then one of them sliall be chosen Governor by the Contested joint ballot of both houses of the legislature. Con- e 1 e c tion tested election for Governor shall be determined for Gov- by botli houses of the legislature in such manner as ®^^f- prescribed by law. Sec. 8. The Governor sliall be at least thirty years of age, shall have been a citizen of some one of the States composing the Confederate States of Anierica, for twenty years, and shall have resi- q ^^ug^, (led in this State at least five years next preced- tions. ing the day of his election, and shall not be capa- ble of holding the office more than four years in any term of six years. ^ Sec. 4. He shall at all times receive for his ser- q ^ j^ vices a compensation, which shall not be increased sation or diminished dm'ing the term for which he shall be ^^^S^^^- Comman- Sec. 5. He shall be commander-in-chief of the der-in- army and navy of this State, and of the militia, Chief, except when they shall be called into the service of the Confederate States of America. Sec. 6. He may require information, in writing, from the officers in the executive department, on any subject relating to the duties of their respec- tive offices. Sec. 7. He may, in cases of emergency, convene q oyej^^j. the Legislature at the seat of government, or at a t o c o n - different place, if that shall have become, since their vene and last adjournment, dangerous from an enemy or from a d j o urn disease ; and in case of disagreement between the f^® ^^^' two houses with respect to the time of adjournment, ^*^"^®- adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the Legislature. 64 CONSTITUTION OP MISSISSIPPI. Sec. 8. He shall, from time to time, give to the Duty f Legislature information of the state of thegovern- Governor. ment, and recommend to their consideration such measures as he may deem necessary and expedient. Sec. 9. He shall take care that the laws be faithfully executed. Sec. 10. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit Power of f^^-^gg ^^-,^1 jj^ casea of forfeiture, to stay the collec- overnor. ^-^^^ iu\ii[ the end of the next session of the Legis- latm^e, and' to remit forfeitures by and Avitli tlie ad- vice and consent of the Senate. In cases of treason, he shall have power to grant reprieves by and with the advice and consent of the Senate, Tjut may re- spite the sentence until the end of the next session of the Legislature. Commis= ^^'^' ^-' ^^^ commissions shall be in the name sions. and by the authority of the State of Mississippi, be sealed with the great seal, and signed l)y the Gov- ernor, and be attested by the Secretary of State. Seal of ■^''^' --• There shall be a seal of this State, the State, wliich shall be kept 'by the Governor, and used by him officially, and shall be called the Great Seal of ii^< the State of Mississippi; Sec, 13. All vacancies not provided for in this Constitution, shall be filled in such manner as the Legislature may prescribe. Sec. 14. The Secretary of State shall be elected ^f^Stete ^ by the qualified electors of the State, and shall con- ° * tinue in office during the term of two years. He shall keep a fair register of all the official acts and pro- ceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the Legislature, and shall perform other duties as may be required of him by law. •2.1 Sec. 15. Every bill which shall have passed ' ^- ' both houses of the Legislatiu'e, shall be presented to GoTernorii^e Governor : if he approve, .he shall sign it, but rVt^rn^^ not, he shall retmm it, with his objections, to the bills. house in which it shall have originated, which shall enter the objections at large upon their jom'nals,. and proceed to reconsider it : if, after such recon- sideration, two-thirds of the house shall agree to V«to, pass the bill, it shall be sent, with the objections, to CONSTITUTION OF MISSISSIPPI. 65 the other ho use, -by which it shall likewise be recon- sidered : if approved by two-thirds of that house, it shall become a law ; but in such case, the vote of both houses shall be determined by yeas and nays, and the names of the members Voting for and against the bill shall be entered on the journal of each house respectively : if any bill shall not be returned by the Governor within six days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return ; in whicli case it shall not become a law. Sec. 16. Every order, resolution or vote to which the concm-rence of both houses may be neces- sary, except resolutions for the purpose of obtain- ing the joint action of both houses, and on questions of adjournment, shall be presented to the Governor, and, before it shall take effect, be approved by him, or, being disapproved, shall be re-passed by both houses, according to the rules and limitations pre- scribed in the case of a bill. Sec. 17. Whenever the ojQfice of Governor shall become vacant, by death, resignation, removal from office, or otherwise, the president of the Senate ^^ shall exercise the office ,of Governor until aijpther q^^ ^ Governor shall be duly qualified; and in case of vacant^ the death, resignation, removal from office, or other &c. * disqualification of the president of the Senate, so exercising the office of Governor, the speaker of the House of Representatives shall exercise the office imtil the president of the Senate shall have been chosen ; and when the office of Governor, president of the Senate, and speaker of the House, shall be- come vacant in the recess of the Senate, the person " acting as Secretary of State for the tkne being. ^°"'*^®^ shall, by proclamation, convene the Senate, that a P'^^^^"^^* president may be chosen to exercise the office of Governor. Sec. is. When either the president or speaker of the House of Representatives shall so exercise said office, he shall receive the compensation of the Governor only ; and his duties as president or speaker shall be suspended, and the Senate or House of Representatives, as the case may be, shall fill the vacancy until his duties as Governor shall cease. C^13 ih COXSTITUTIOX OF MISSISSIPPI. Sec. 19. A sheriff aLcl one or more coroners, a treasurer, surveyor and ranger, shall be elected in each county, by the qualified electors thereof ; who shall hold their offices for two years, unless sooner removed ; except that the coroner shall hold his office until his successor be duly qualified. Sec. 20. A State Treasurer and Auditor of Treasurer Public Accounts shall be elected by the qualified and Audi- electors of the State, who shall hold their offices ^^- for the term of two years, unless sooner removed. MILITIA. J Section. 1. The Legislature shall provide, by Militia, ^^■^j ^^^^ organizing and disciplining .he militia of . this State, in such manner as they may deem expe- dient, not incompatible with the Constitution and the laws of the Confederate States of America in relation thereto. Sec. 2. Commissioned officers of the militia Militia of- (staff officers and the officers of volunteer compa- i\ ers. nles excepted.) shall be elected by the persons liable to perform military duty, and the qualified electors within their respective commands, and shall be com- missioned by the Governor. Povvers of t^.-zc. 3. The Governor shall have power to call ■^'""^•'^ '■ forth the militia to execute the laws of the State, to suppress insurrection, and to repel invasion. tuOtii out militia. ARTICLE VI. impeachments. Section 1. The House of Representatives shall have the sole power of impeaching. Sec. 2. All impeachments shall be tried by the icli- Senate :. when sitting for that purpose, the senators shall be on oath or affirmation : no person shall be convicted without the concurrence of two-thirds of the members present. !:^ec. 3. The Governor and all civil officers shall * Table to impeachment for any misdemeanor in ,jj. -^li -e ; but judgment in such cases shall not extend ' further than to removal from office, and disqualifi- cation to hold any office of honor, trust, or profit CONSTITUTION OF MISSISSIPPI. 67 under the State ; but the party convicted shall nevertheless, be subject to indictment, trial and punishment, according to law as in other cases. ARTICLE YII. GENERAL PROVISIONS. Section 1. Members of the Legislature, attor- neys and counsellors at law, and all officers, execu- Oathofof tive and judicial, before they enter upon the duties fice. of their respective offices, shall take the following oath or affirmation, to-wit: "I do solemnly swear, (or affirm, as the case may be,) that I will support the Constitution of the Confederate States of Ameri- ca, and the Constitution of the State of Mississippi, so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities the duties of the office of , according to law —So help me, God ." Sec. 2. The legislature shall pass such laws to prevent the evil practice of dueling, as they may deem necessary ; and may require all officers before Dueling, they enter upon the duties of their respective of- fices, to take the lollowing oath or affirmation : - I do solemnly swear, (or affirm, as the case mav be.) that I have not been engaged in a duel, by seiidiug or accepting a challenge to fight a duel, or by fight- ing a duel, since the first day of January, in the year of our Lord one thousand eight hundred and thirty-three, nor will I be ?o engaged during my continuance in office — So help me, God.'' Sec. 3. Treason against the State shall consist only in lewing war against it, or in adhering- to its q, enemies, giving them aid and comf or'. N shall be convicit; i <)' r ■•■■■ " •'( mony of :-vo witnesse.^ to uie bameovti ^ t,-. . . own confession, in open court. Sec. 4. Every person shall be disquaiiiied liom holding an office or place of honor or profit ur.dei Briborx at the authority of this State, who shall be convicted elec^ons of having given or ofiered any bribe to secure i.i.- election. Laws shall be made to exclude from of- ^^^^^ '^ fice or suffrage those who shall hereafter be con- from'^office victed of binbery, perjmy, forgery, or other high C1-44 68 CONSTITUTION OP MISSISSIPPI. crimes or misdemeanors. The privilege of the free Suffrage, suffrage shall be supported l)y laws regulating elec- tions, and prohibiting, under adequate penalties, all undue influences therein, from power, bribery, tu- mult, or other improper conduct. Sec. 5. No person who denies the being of a Atheist. ^^^' ^^ ^ future state of rewards and punishments, shall hold anv office in the civil department of this State. When Sec. 6. No laws of a general nature, unless. laws g otherwise provided for, shall be enforced until sixty into effect days after the passage thereof. Sec. 7. No money shall be drawn from the Money treasury, but in consequence of an appropriation fronTt^a^ made by law ; nor shall any a]:)propriation of money sury.- ^01' ^^^6 support of an army be made for a longer term than one year. Sec. 8. No money from the treasury shall be appropriated to objects of internal improvement, unless the bill for that purpose be passed by two- thirds of both branches of the Legislature ; and a regular sta.tement and account of the receipts and expenditures of public moneys shall be pu]:>lished annually. Sec. 9. No law shall ever be passed to raise a loan of money upon the credit of the State, or to btateloanpig^^gQ the faith of the State for the redemption of any loan or debt, unless such law be proposed in the Senate or House of Representatives, and be agreed to by a majority of the members of each house, and entered on the journals, with the yeas and nays taken thereon, and be referred to the next succeed- ing Legislature, and published for three months prc- ■vdous to the next regular election, in three newspa- pers of this State ; and unless a majority of each branch of the Legislature co elected, after such publication, shall agree to and pass such a law : and in such case, the yeas and nays shall be taken and entered on the journals of each house ; Frcr vided; that nothing in this section shall be so con- strued as to prevent the Legislature from negotiat- ing a further loan of one and a half millions of dol- lars, and vesting the same in stock reserved to the State by the charter of the Planters' Bank of the State of Mississippi. CONSTITTTTIOK OP MISSTflSIPM. 6© And provided further, That the Legislature may raise a loan of money and pledge the faith of the State for the payment thereof, when required to suppress insurrections, repel invasions, or provide for the defense of the State. Sec. 10. Tlie Legislature shall direct, by law, jj^ ""^^^ in wliat manner, and in what courts, suits may ^><\j^^,,^j^j",^g brought against the State. Sec. II. Absence on business of this State or of the Confederate States of America, or on a visit, citiz'ship. or necessary private business, shall not cause a I'oi- feiture of citizenship or residence once obtained. Sec. 12. It sliall be the duty of the Legislature Doduciion to regulate, by law, the cases in which deductions 'ro^^ sala- shiill be made from salaries of public officers for ^''^^* neglect of duty in their official ca])acity, and the amount of such deduction. Sec. 13. No member of Congress nor any person holding any office of profit or trust under ^ ^lified the Confederate States, (the office of postmaster fj-oj^ ^f. excepted,) or any other State of the Confederacy, licc. or under any foreign power, shall hold or exercise any office of trust or profit under this State. Sec. 14. Religion, morality and knowledge be- S c h o ols ing necessary to good government, the preservation ^"^ ^^du- of liberty and the happiness of mankind, schools and ^**'^'^"- the means of education shall forever be encour- aged in this State. Sec. 15. Divorces from the bonds of matrimo- ^. ny shall not be granted but in cases provided for '"^^''^®®- by law, by suit in chancery. Sec. 16. Returns of all elections by the people Eiccti o n shall be made to the Secretary of State, in such returns, manner as may be prescribed by law. Sec. 17. No new county chall be established by the legislatm-e, which shall reduce the county or Counties , counties, or either of them, from which it may be ^^€'^- taken, to less contents than five hundi'ed and sixty- six square miles ; nor shall any new county be laid off of less contents. Sec. 18. The legislature shall have power to admit to all the rights and privileges of free white - citizens of this State all such persons of the Choc- -^°^^^°*' taw and Chickasaw tribes of Indians as shall chooso to remain in this State, upon such terms as ,C~-15 TO CONSTITUTION OP MISSISSIPPI. the Legislature may from time to time deem proper. SLAVES. E m a nci- pation of SECTION 1. The Legislature shall have no pow- owrna e ^^ ^^ ^^^^ 1^^^^^ |.^^. ^|_^^ emancipation of slaves with- out the consent of their owners, unless where the slave shall have rendered to the State some distin- guished service, in which case the owner shall be paid a full equivalent for the slave so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by tlie laws of any one of the United States, so long as any pci'son of the same age or description shall be continued in slavery by tlie laws of this State ; Provided, that such person or slave be the bona fide property of such emi- Slaves grants ; and provided, also, that laws may be passed CO nvicted ^^ prohibit the introduction into this State of slaves crimes. ^^,|^^ ^^^^^ \\a\G committed high crimes in other States. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving tlie rights of creditors, and preventing them from becoming a public charge. They shall have full power to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provisions, to abstain from all injuries to them extending to life or limb, and in case of Treatme't their neglect or refusal to comply with the direc- of slaves, tions of Such laws, to have such slave or slaves sold for the benefit of the owner or owners. Sec. 2. The introduction of slaves into this State as merchandize, or for sale, shall be prohib- Slaves as [^q^ fj.^^^ am^ ^^^q^ ^\^q ^yat day of May, eighteen ^JJ*^^*^'hundred and fifty-three; Provided, that the actual settler or settlers shall not be prohibited from pur- chasing slaves in any other State in this Union and bringing them into this State for their own individual use, until the year eighteen hundred and forty-five. Prosecu- Sec. 3. In the prosecution of slaves for crimes t^ion ofQf -^i^cii the punishment is not capital, no inquest slaves. i^y ^ grand jury shall bo necessary ; but the pro- ceediftgs m such cases shall bo regiilattid by kw. CONSTITUTION OF MISSISSIPPI. 71 MODE OF REVISING THE CONSTITUTION. Whenever two-thirds of each branch of the legis- lature shall deem any change, alteration or amend- ment necessary to this constitution, such proposed change, alteration or amendment shall be read and ^. ^ ^^|j^^" passed by a majority of two- thirds of each house revised, respectively on each day for three several days ; public notice thereof shall then be given by the Secretary of State, at least six months preceding the next general election, at which the qualified electors shall vote directly for or against such change, alteration or amendment ; and if it shall appear that a majority of the qualified electors voting for members of the legislature shall have voted for the proposed change, alteration or amend- ment, then it shall l)e inserted, by the next succeed- ing legislature, as a part of this constitution, and ^ot Otherwise. SCHEDULE. Section 1. All rights vested, and all liabilities Rights incurred, shall remain the same as if this constitu- vested. tion had not been adopted. Sec. 2. All suits at law or in equity, now pend- ing in the several courts of this State, may be transferred to such courts as may have proper ju- risdiction thereof. Sec. 3. The Governor, and all officers, civil and military, now holding commissions under the authority of this State, shall continue to hold and ^^c e r s , exercise their respective offices until they shall be ^^' superseded pursuant to the provisions of this con- stitution, and until their successors be duly quali- fied. Sec. 4. All laws now in force in the State, not repugnant to this Constitution, shall continue to operate until they shall expire by their own limita- tion, or be altered or repealed Ijy the Legislature. Sec. 5. Immediately upon the adoption of this constitution, the president of this convention shall issue writs of election, directed to the sheriffs of the several counties, requiring them to cause an election to be held on the first Monday and day C— 16 rt2 CONSTITUTION OF MISSISSIPPI. followirig in December next, for members of the Legislature, at the respective places of holding- elections in said counties ; which elections shall be conducted in the manner prescribed by the existing election laws of the State ; and the members of the Legislature, thus elected, shall continue in office until the next general election, and sliall convene at the seat of government on the lirst Monday in January, eighteen hundred and thirty-tliree ; and shall, at their lirst session, order an election to be held in every county of this Sta,te, on the first Mon- day of May and day following, eigliteen hundred and thirty -three, for all state and county officers under this constitution, (members of the Legisla- ture excepted ;) and the other officers then elected shall continue in office until the succeeding general election, and after, in the same manner as if the election had taken place at the time last aforesaid. How lo "• ^^^' ^'^* U^^^^^ ^^^^ fii'S^ enumeration „_shall be ff icer1j™^de, as directed by this Constitution, the appc^- first elect- tionment of senators and representatives among ed to con- the several districts and counties in this State, . t i n u e in ^\iq]\ remain as at present fixed by law. ^®^^- , P. RUTILUS R. PRAY, President of the Convention, and Representative from the county of Rancock. Attest : John H. Mallory. Secretari/. AMENDMENTS TO THE CONSTITUTION. SLAVES. The LeR'islature shall have, and are hereby vest- ed with power to pass such laws regulating or pro- hibiting the introduction of slaves into this State, . as may be deemed proper and expedient. /,, Adopted, February 2d, 1846. AMENDMEiTTS TO THE CONSTlfOTtOiC. 73 BOARD OF POLICE. The qualified electors of each coiiuty shall elect five persons, by districts, for the term of two years, who shall constitute a Board of Police of each county, a majority of whom may transact business : which body shall have full jurisdiction over roads, highways, ferries and bridges, and all other matters of county policy : and shall order all county elec- tions to fill vacancies that may occur in the offices of their respective coimties. The clerk of the Court of Probnte shall be clerk of the Boards of Countv Police. Adopted. March 12th,* 1852. CfL\XCERY COURT. Chancery Courts, with full jurisdiction in mat- ters of equity, shall be held in each judicial district Ijy the circuit judge thereof, at such time and place as may be directed by law. The Superior Court of Chancery, and tlie several Vice- Chancery Courts, shall continue as now organized, until the first ^Monday of November, one thousand eight hundred and fifty-seven, for the disposition of cases noA\' depending therein. The Legislature shall provide by law for the preservation of the records of the said Superior Court of Chancery and of said Vice- Chancery Courts, and also for tlie transfer of all causes, that may remain undetermined therein, to other courts, for final decision. Adopted. Februnry 6th. 185fi. TENURE OF PUBLIC OFFICERS. All public officers in this State, Legislative, Ex- ecutive and Judicial, whose terms of office expire at the general election to be held in the year one thousand eight hundred and fifty-seven, or at any subsequent general election, shall continue to hold tlieir offices until the first Monday of January next following the expiration of said terms, and until their successors shall be qualified ; Provided, such of said officers as are required to give bond for the C— 17 H AMENDMENTS TO THE CONSTITUTION. discharge of their duties, shall give bond and secu- rity for the said extended term, as may be provided by the Legislature ; and the terms of office of all officers chosen at the general election in the year eighteen hundred and fifty-seven, or at any subse- quent general election, shall commence on the first Monday of January next succeeding the election, and shall continue for the time now fixed by the constitution, and until their successors shall be qualified. Adopted, February 6th, 1856, ELECTIONS. All general elections by the people of this State shall be held on the first Monday in October, and be concluded in one day ; on the first Monday in October, 1857, and biennially thereafter, an election shall be held for representatives in Congress, and all State officers and members of the Legisla- ture, except for officers and senators entitled to hold over after November, 1857, who shall con- tinue in office until their successors are entitled to succeed them therein. The Legislature shall convene on the first Monday of November, 1857, and biennially thereafter, but may be espe- cially convoked by the Governor at other times. The Governor's official term shall commence on the third Monday of November, and that of the Secre- tary of State, Auditor of Public Accounts, State Treasurer and Attorney General, on the first Mon- day of January next after his and their election ; but the Attorney General shall hold his office,^ as heretofore, for the term of four years. On the first Monday of October, 1858, and biennially thereaf- ter, an election shall be held for all county, district, judicial and ministerial officers, (except officers who may then be entitled to hold over after January, 1859, or until the time of holding another election;) and the official term of all such officers then and thereafter elected, shall commence on the first Mon- day of January next after this election ; but all such officers elected in 1855, or previously, whose official terms, in the absence of this provision, AMENDMENTS TO THE CONSTITUTION. 75 ilpnld expire in November, 1857, shall continue in office until the first Monday of January, 1859. Adopted, February 2d, 1856. AMENDMENTS BY THE STATE CONVENTION. Be it ordained and declared, and it is hereby or- dained and declared, That the Legislature shall have power to fix the time of holding all elections, and may adjust the terms of office to conform to any changes hereafter to l)e made, and may fix the time for the commencement of its biennial sessions. Be it ordained and declared, and it is herehf/ or- dained and declared, That if any part of the pres- ent^ Constitution of the State of Mississippi shall be in conflict with any ordinance passed by this Convention, sucli part of the said Constitution shall be held to be abrogated and annulled to the extent of such conflict, but no farther. Adopted, January 26th, 1861. WILLIAM S. BARRY, President o fhe Convention. C— 18 ORDINANCES OF THE STATE OF MISSISSIPPI. CHAPTER I. AN ORDINANCE to adopt, and ratify the Constitution adopted by the Convention at Montgomery, Alabama. Section. 1. Be it ordained by the people of Mississippi in Convention assembled, And it is hereby ordained by authority of the same, that the Constitution adopted by the Convention at Mont- gomery, in the State of Alabama, in the year of our Lord one thousand eight hundred and sixty- one, for the permanent Federal Government of the Confederate States of America, be and the same is hereby adopted and ratified by the State of Mis- sissippi,'acting in its sovereign and independent character, and' the State of Mississippi hereby ac- cedes to and becomes a member of the Confedera- cy provi^r for said Indians, and make such settlement with them in relation thereto, and the government of the United States of America, as shall be equitJi- ble and proper. Passed Convention, March 29th. 1861. CHAPTER IV. AN ORDINANCE to define the power of the Legislature of this State, in relation to the Ordinances and Resolu- tions adopted by this Convention. Section 1. Be it ordained by the j^eople of the State of Mississippi in Convention assembled, That all the Ordinances and Resolutions adopted by the people of this State, assembled in this Convention, shall be subject to repeal or modification, by the legislature of this State in the same manner as if they had been passed by that body, except the fol- lowing, to-wit : "An ordinance entitled an ordi- 80 ORDINANCES OF MISSISSIPPI. nance to dissolve the union between the State of Mississippi, and the other States united with licr under a compact entitled, ''the Constitution of the United States of America,'' adopted, on the 9th day of January. A. I). 1861,'' and "an Ordinance entitled, an Ordinance to adopt and ratify the Con- stitution, adopted at Montpeal, alteration or amendment, by the Legislature. Sec. 8. Be it further ordained, That it shall be lawful for any person who was a citizen of the State of Mississippi, on the 9th day of January, U.S.War- 1861, and who was at that time the bona fide [^^^^^^^^^^^^ holder in his own right of any laud warrants is- sued by the Government of the United States, to use sucli land warrants in the entry of any of said lands, in the same manner that such land warrants were then subject to be used, in the entry of such lands, under the laws of the United States then iu force : Provided, That before any such land war- rants shall be used in the entry of said lands, the holder and owner thereof shall be required to file with the receiver of the land office when such war- rant is proposed to be used, an affidavit that he or she was on the 9th day of January, 1861, the bona fide holder and owner in his own right of such land warrant. Sec. 9. Be it further ordained. That any citi- zen of this State to whom any such land warrants 90 ORDINANCES OF MSSISSIPPI. have been issued since the 9th day of January, 1861, may use such warrants in the entry of lands as provided for in last section, by making and filing affidavit as therein required that he or she was at the time of issuing the same a citizen of this State. Sec. 10. Be it further ordained, That in case any vacancy shall occur in any of said offices of register or receiver, the same shall be filled by Of va- appointment of the Governor, by and with the con- cancies. gent of the Senate, if the Senate be in session, and if not in session, then the said appointment shall not extend beyond the expiration of the next suc- ceeding session of the Senate, unless confirmed by that body. Adopted March 28, ]861. CHAPTER XVII. AN OEDINANCE to revise and amend the law in relation to Foreign Insurance Companies. Sec. 1. Be it ordained by the people of Missis- sippi in Convention assembled, That the law in relation to Foreign Insurance Companies as found on page 303 of the Revised Code of the State of Mississippi, section 11, is hereby continued in force, and that the 58th article of said law be amended as follows, to wit : It shall be unlawful for any agent of any Insm'ance Company incorporated by any foreign government or State, other than one of the Confederate States of America, to transact business of Insurance in this State, without first obtaining a certificate from the auditor of public accounts, such agent having first filed in the office of said auditor, a statement under the oath of the Secretary, or President of such Company, setting forth the charter or act of Incorporation of the Company, for which he or they may act, and the matters required to be specified by the preceding article of said law, and the authority therein men- tioned, and furnishing evidence to the satisfaction of the auditor, that such Company is possessed of ORDINANCES OP MISSISSIPPI. 91 at least one hundred and fifty thousand dollars in actual capital paid up and invested in stocks of at least par value, or in bonds and mortgages of real estate, with double the amount for which the same is mortgaged or in actual cash; and upon filing of the aforesaid statement and instrument with the auditor under the oath of the Secretary or Presi- dent, and furnishing him with certificates or other satisfactory evidence of such investment as afore- said, it shall be the duty of said auditor to issue a certificate thereof, with authority to agents to transact business of Insurance in this State, to be governed in all other respects as under the provis- ions of the law to which this is an amendment. Sec. 2. Be it further ordained, That the law which this ordinance revives and amends, may hereafter at any time be altered, changed or abol- ished by the Legislature. Sec. 3. Be it further ordained, That this ordi- nance and tlie act to which this is an amendment, shall not be so construed as to apply to Life Insur- ance Companies. Sec. 4. Be it further ordained, That this ordi- nance shall take effect and be in force from and after its passage. Adopted March 27, 1061. CHAPTER XVIII. AN ORDINANCE to provide for the appointment of electors for President and Vice President of the Confederate States of America. Section 1 . Be it ordained by the people of the State of 3Iississippi, in Convention assembled, That whenever an election for President and Vice Pres- ident of the Confederate States of America, shall be provided for by law, the Governor of this State, be, and he is hereby authorized and required to issue writs of elec|;ion for nine electors, to be cho- sen by the qiisilified voters of this State at the time 92 ORDINAJ^CES OF MISBISSTPPL designated by law, who when elected, shall cast the vote of this State for sucli President and Vice Pres- ident of the Confederate States of America. Sec. 2. Be it furtlier ordained, That said elec- tion shall be conducted in all things according to the laws now in force in regard to elections. Passed Conve^ition, March 30th, 18G1. CHAPTER XIX AN ORDINANCE to alter and modify the Ordintmce, entitled, "An Ordinance concerning' the jurisdiction and property of the United States of America, in the State of Mississippi." The people of Mississippi in Convention assem- bled, do ordain and declare as follows : Sec. 1. That so much of the Ordinance of this Convention, entitled, an Ordinance concerning the jurisdiction and property of Wia United States of America, passed, January 17th, 1861, as vests the title to fortiiications, light houses, hospitals and custom houses in the State of Mississippi, be so far altered and modified as to vest the same in the Confederate States of America. Sec. 2. That the third and fourth sections of said Ordinance, be and the same are so far modified and altered as not to conflict with the act of Congress of the Confederate States organizing the judicial courts of the Confederate States, or with the Con stitution thereof. Adopted, March 30th, 1861. ORDINANCES OF MISSISSIPPI. 98 CHAPTER XXI. AN OPiDIXANCE supplemental to an Ordinance, enti- tled, an Ordinance to raise means for the defense of the State," adopted the 2Gth day of January, A. D. 1861. The 2:>eopIe of the State of Mississippi in Con- vention assembled, do declare and ordain as follows, to-wit : Section 1. That the Auditor of Public Accounts shall in settling with the tax collectors of such counties whose boards of police shall have caused any surplus of money iu their respective county treasuries to be paid to the proper tax collector in or towards tlie discliarge of the tax of fifty per centum, levied by said Ordinance, as authorized in the last proviso in the first section of said Ordi- nance, allow to said tax collectors for the insolven- cies which may be allowed in the regular State tax; ayd, also, such commissions for the benefit of the counties respectively, as would have been allowed to said tax collectors, had tliey collected the said tax of fifty per centum from the people, so that such counties shall only pay into the State Treas- ury, on account of the Military fund, tlie amount that they would Iiave respectively paid had the said Boards of Police not paid the same out of the county treasuries. Sec. 2. That this Ordinance take effect from and after its adoption. Passed Convention, March 29th, 1861. CHAPTER XX. AX ORDINANCE making certain appropriations therein named. Section 1. Be it ordained by the people of the State of Mississippi, in Convention assembled. That the Auditor of Public Accounts shall issue his war- 94 ORDINANCES OF MISSISSIPPI. rant on the State Treasury for the foUowino- ac- counts, to be paid out of any money in the Treas- ury not otherwise appropriated, which shall be in full of said accounts, to-wit : To E. Barksdale, for furnishing daily Mississippian and printing, the sum of one hundred and thirty-eight dollars, ($138 00 ;) To C. R. Dickson, post master, for postage, the sum of seven dollars and ten cents, ($7 10 ;) To Samuel Pool, for ice, candles, sand, paste, &c., furnished the Conyention, the sum of twenty-eight dollars, ($28 00 ;) To boy Jeffrey, for six day's attendance on Convention, the sum of twelve dollars, ($12 00 ;) To L. Julienne, for sta- tionery, the sum of eighteen dollars and twenty- five cents, ($18 25 :) To John J. Pettus, Governor of the State, the sum of five thousand dollars, ($5,000,) to supply deficiency in defraying the ex- penses incident to the concentration of Mississippi forces at Pensacola, during the month of January, 1861 ; To the South Western Telegraph Compa; ny, David Flannery, agent, the sum of eighteen dollars and seventy-five cents, ($18 75) amount due for telegraphing under direction of the Con- vention ; to Samuel Pool, for extra services as door keeper, the sum of twelve dollars, ($12 00.) Adopted, March 30th, 1861. CHAPTER XXII. AN ORDINANCE to authorize the Governor of the State of Mississippi to transfer Volunteers to the service of the Confederate States. Section 1 . Be it ordained by the People of the State of Mississippi in Convention assembled, That when the State of Mississippi shall be called on for troops by the President of the Confederate States, he is hereby authorized to order iatq the service of said Confedoraoy* ^o mmj i^f ttie said YoUmtoor^ ORDINANCES OF MISSISSIPPI. 95 heretofore enlisted, or who may be hereafter enlist- ed under "an Ordinance to regulate the Military System of the State of Mississippi," adopted, Janu- ary 23d, 1861, as may be necessary to answer such requisition. Provided, That the period of such service shall not exceed the period of their orig- inal enlistment, and that the Governor shall de- termine the priority of the right of companies, to be ordered into service, by the priority of their completeness of organization. W. S. BARRY, President of the Convention. Passed Convention, March 30th, 1861. E. P. Russell, Secretary. INDEI TO JOURNAL. ABSENCE — leave of granted to Messrs. Backstrom, Bullard and Denson . 40 of J. L. Alcorn 45 ADJOURNMENT— ^i«e die 31, 48 ALCORN, J. L. — communication from 45 COMMITTEES — on Constitution of Confederate States 21 on waste and unappropriated lands . . 26 to fill vacancies on Military commit- tee 26, 30 CONSTITUTION— of the Confederate States. . . .5 to 20 ELECTION— of Secretary 4, 24 of delegate to Montgomery to fill va- cancy by resignation of W. S.Wilson 46 JOHNSTON, J. S.— resignation of seat in Conven- tion 25 MESSAGE— from the Governor 31 ORDINANCE— by Mr. Clayton of Lowndes, to pro- vide for the ratification of a con- stitution of the Confederate States by the people 21 by Mr. Yerger, — do, do, do. . . .21, 34 by Mr. Glenn, to ratify by this conven- tion 21 to repeal to regulate the Military System of the State 22, 24 to provide for election of delegates to ratify permanent Constitution in Convention 23, 27 Mr. Wood's substitute referring to the people 24, 25, 26, 34 Mr. Fontaine's substitute referring to the people 26, 27, 28, 29, 30, 38 to authorize entry and sale of waste and unappropriated lands 26 in relation to Foreign Insurance Companies 26 in relation to Land Office in Paulding 38 Q : in relation to Judgments and D&- ereea ^0, ft 98 INDEX TO JOURNAL. ORDINANCE — supplemental to raise means for de- fense of the State 32 Mr. Rogers' substitute to ratify per- manent constitution 35 to suspend action for collection of certain debts 38 in relation to lands of Indian or- phans 39 to confer certain powers in the legis- lature ." . . 39 to ameuv-l State Constitution 39 in relation to Hospital at Vicksburg 40 to amend to regulate Military Sys- tem of this State 40 concerning jurisdiction of property in this State 41 to provide for electors of President and Vice President of Confederate States 41 to regulate the Militia of the State, 41, 44 authorizing investment in trust deeds, &c 42 appointing representatives in Con- gress of Confederate States 43 to provide a Coat of Arms and Flag for State • 43 to define power of legislature 44, 45 making certain a]jpropriations 45 supplemental to raise means for de- fense of State 45 authorizing Governor to tender vol- unteers to Confederate States .... 46 RESOLUTIONS— in relation to transfer of volun- teers 21, 22 in relation to pay of volunteers at Pensacola 21 instructing committee on Confede- rate Constitution to report ordi- nance of ratification 21, 22 referring the Permanent Constitu- tion to the people 22 authorizing the raising of a Con- federate Flag • 2t defining the hour to take a vote on the Permanent Constitution of Confederate States, 27,. 2S, 80 INDEX TO JOURNAL. 99 RESOLUTIONS— in relation to volunteers 29, 36 appointing a committee to purchase corn for the poor of the State, 29, 38 suspending civil and chancery suits,29,3T authorizing certain absent members to draw pay 37 authorizing the Governor loan to certain counties for supply of corn '...37,40 to divide the State into Congres- sional Districts 37 in favor of E. P. Russell 39 requiring all officers to take oath to support constitution of Con- federate States 39 in relation to publishing to Con- vention proceedings 42 in relation to immediate adoption of PermanBnt Constitution of Confederate States 44 in relation to lithographing and photographing State Seal 44 authorizing auditor to issue dupli- cate warrants to certain persons 46 of thanks to W. S. Barry 46 in relation to publication of ordi- nances, (fcc. of this Convention. . 46 i of thanks to E. P. Russell and R. C. Miller 46 allowing per diem to reporter of Convention 47 REPORTS-of committee on permanent constitution, 24, 27 28, 32, 35. Minority report '' " " 24 of committee on Enrolled Ordinances, 27, 30, 36, 40, 47. of committee 0]i waste and unappropriated lands 28 of committee for relief of poor. 38 of " on State Constitution 40 STATE SEAL— communication of M. L. Carlisle, in relation to photographing and litho- graphing seal 42, 44 WILSON, W. S.— resignation of seat in Confederate Congress 25 YEAS & NAYS— 23, 33, 34, 35, 37, 41, 45. INDEX TO ORDINANCES. CONSTITUTION— bill of rights, e(iuality of rights, political power, and right to change gover'nt 49 religious worship free to all 50 no preference given 50 truth to be given in evidence, 50 security of person, &g., from search warrant. . 50 accused how heard and convicted 50 proceedings in indictable offences, life, &c., not to be put twice in jeopardy for the same offence 51 justice to be administered to all without sale, &c. 51 power of suspending laws, &c 51 excessive bail not to be required 51 bailable offences 51 when debtor not to be imprisoned 51 no conviction shall work corruption of blood... 51 no ex post facto law, etc., eligibility to office, estates of suicides 52 right of petition — to bear arms . . ^ 52 no standing army, no soldiers to be quartered . . 52 no hereditary emoluments, etc 52 emigration act to be prohibited 52 trial by jury, prosecuting or defending suits . . 52 tenure of office, these powers excepted out of the general powers of the government, distri- bution of powers 52 one department to infringe the powers of ano- ther, legislative department 53 qualified electors -3 electors free from arrest 54 first election by ballot, others regulated by law 54 legislative how vested and style of laws ... 54 members oi, how chosen, when chosen, qualifica- tions, elections where held 54 cities, &c., when entitled to separate representa- tion 54 enumeration and apportionment 55 the number of representatives, etc 55 senators how apportioned -senators how chosen when two or more counties,-senators qualifi- cations 55 INDEX TO ORDINANCES. 101 CONSTITUTION— officers of senate and house of re- presentatives 55 quorum, power to send for absentees 55 power to expel, make rules,