The Convention met pursuant to adjournment.
Mr. Glenn from the select committee to whom was referred an
Ordinance to authorize the entry and sale of waste and
unappropriated lands in the State of Mississippi, reported the
same back to the Convention with amendments and
recommended its passage as amended, which was received and
agreed to, and the Ordinance as amended read the first time.
On his motion, the rule was suspended and the Ordinance
passed as amended.
Mr. Glenn, by leave, introduced an Ordinance in relation to
the Land Office, at Paulding, in Jasper county, which was read
the first time and laid on the table.
Mr. Bullard offered the following resolutions, which were
unanimously adopted. to-wit:
That the prompt response of the gallant Mississippi
Volunteers to the call of the President of the Confederate
States, deserves the highest commendation of the Convention,
and gives the strongest assurance of attachment of the people
of Mississippi to the common cause.
2d. That the Convention deems it proper to convey to the
Volunteers the assurance that Mississippi will promptly attach
herself to the Confederacy to whose standard her citizen
soldiers are rallying.
3d. That the President of this Convention Telegraph these
resolutions to the officers in command of the Volunteers at
Mobile, and request him to cause them to be read at the heads
of companies.
On motion of Mr. Deason,
The President appointed as said committee, Messrs. Deason,
Taylor and Harris.
Mr. Glenn introduced the following resolution:
WHEREAS, reliable and satisfactory information has been
laid before this Convention that many members of the bar,
and many suitors in the courts of this State, are now
absent in the service of the Confederate States; therefore
be it
On his motion the resolution was laid on the table for the
present.
The Convention resumed the consideration of the unfinished
business pending the adjournment, to-wit:
The report of the select committee of five on the permanent
Constitution.
The question being on the adoption of the amendment of Mr.
Fontaine as a substitute for the amendment of Mr. Wood, of
Attala, to the report of said committee.
Pending the question, on motion of Mr. Flourney the
Convention adjourned until 8 o'clock, P. M.
EIGHT O'CLOCK, P. M.
The Convention met pursuant to adjournment.
Mr. George, by leave, introduced an Ordinance in relation to
judgments and decrees heretofore rendered, and suits pending
in the Federal courts lately existing in this State and the records
thereof, which was read the first time, and, on his motion laid on
the table and two hundred copies ordered to be printed.
On motion of Mr. Jones, of Sunflower,
Resolved, That the debate on the permanent Constitution of
the Confederate States shall close, and a vote be taken on the
questions involved, at or before the hour of 10 o'clock, A. M.,
to-morrow, the 29th inst., and that no further postponement be
allowed.
Mr. Fontaine, from the military committee made the following report:
MR. PRESIDENT:--
The military committee to whom was referred an Ordinance
to repeal an Ordinance to regulate the military system of the
State, have had the same under consideration, and have
instructed me to report it back to the Convention with a
recommendation that it do not pass.
On his motion the report was received and agreed to
Mr. Barksdale from the committee on enrolled Ordinances
made the following report:
MR. PRESIDENT:--
The committee on enrolled Ordinances have examined an
Ordinance to authorize the entry and sale of waste and
unappropriated lands in the State of Mississippi; also,
resolutions in relation to the Mississippi Volunteers, and found the
same correctly enrolled.
The Convention resumed the consideration of the unfinished
business, to-wit:
The report of the select committee of five on the permanent
Constitution.
Page 31
The question being on the adoption of the amendment of Mr.
Fontaine, as a substitute for the amendment of Mr. Wood, of
Attala, to the report of said committee.
Pending the question, Mr. Gholson moved that the
Convention adjourn until 9 o'clock, to-morrow morning.
Pending the motion to adjourn, Mr. J. S. Davis, by leave
offered the following resolution:
Resolved, That this Convention adjourn, sine die, on
Saturday the 30th inst., at 6 o'clock, P. M.
Mr. Gholson moved to lay the resolution on the table.
Pending the motion the Convention adjourned until nine
o'clock, to-morrow morning.
FRIDAY, MARCH 29th, 1861.
The Convention met pursuant to adjournment.
The Journal of yesterday was read and approved.
The President presented to the Convention the following
communication from the Governor:
EXECUTIVE OFFICE, Jackson, March 28th, 1861.
HON. W. S. BARRY,
President of the Convention:--
Sir: I would, through you, respectfully call the attention of the
Convention to the distressing condition of a large portion of the
people of the central counties of this State, from Leake and
Attala to the sea shore. The excessive drought of last summer
ruined their crops, both corn and cotton, and a considerable
number of the people of that district have not corn enough to
enable them to live, and are without the means or credit to
purchase bread.
Knowing that it is only necessary for these facts to be
presented to the Convention to induce them to extend to the
destitute the aid required. I have deemed it my duty to ask an
investigation of the matter, and if the facts are as I am informed
and believe, I regard them as sufficient to warrant me in invoking
the full power of the State to apply the remedy, and to effect that
I would respectfully submit the following suggestions: First,
that extraordinary powers given to the Boards of Police of such
counties as are
Page 32
destitute of corn, to use all county funds, school funds, &c.,
which may be under their control, for the purchase of corn, to be
loaned to those who are unable to buy. Second, that they be
empowered to issue scrip bearing such rate of interest as will
enable them to dispose of it for the amount of funds required.
Third, that the State advance to said counties as a loan in
Treasury notes, or money, a sum sufficient to relieve their
distress and drive hunger from their doors. The proposition is
not debateable that all the powers and resources of the State
must be exhausted, before Mississippians are permitted to
starve.
I would ask leave further to represent through you to the
Convention, that arms, ammunition, tents, clothing, &c., were
purchased in Mobile, for Mississippi troops, sent to Pensacola,
in January last, which added to the other expenses exceeds by
several thousand dollars the appropriation made by the
Convention for their support.
A further appropriation of four or five thousand dollars will
be necessary to settle the account of the Quarter-Master
General, of the State of Mississippi.
The six twenty-four pounder guns, and the ammunition for
the same, and a large portion of the other arms, received by me
from the State of Louisiana, might be turned over to the
Confederate States.
Three thousand of the muskets will be required to arm the
troops of Mississippi: a considerable number of them have
already been distributed to Volunteer Companies.
Very respectfully,
JOHN J. PETTUS.
On motion of Mr. Orr, the communication was referred to the
select committee, raised on yesterday, under the resolution
offered by Mr. Deason.
On motion of Mr. King, the unfinished business pending
before the Convention, was suspended to enable him to
introduce an Ordinance with the following title.
An Ordinance supplemental to an Ordinance entitled, an
Ordinance to raise means for the defense of the State, adopted,
the 26th day of January, A. D. 1861, which was read the first
time.
On his motion, the rule was suspended and the Ordinance
adopted.
The Convention then resumed the consideration of the
unfinished business, to-wit:
The report of the majority committee of five on the
permanent Constitution.
Page 33
The question being on the adoption of the amendment of
Mr. Fontaine as a substitute for the amendment of Mr. Wood,
of Attala, as a substitute for the Ordinance reported by the
Committee.
The discussion being ended, the Convention proceeded to
take the vote.
The question was first taken on the adoption of Mr.
Fontaine's amendment, as a substitute for the amendment of Mr.
Wood, of Attala, and decided in the negative by yeas and nays
as follows:
YEAS--Messrs. Anderson, Aldridge, Barksdale, Beene,
Bonds. Clayton, of Lowndes, Cummings, J. S. Davis, Denson,
Flourney, Fontaine, Gholson, Herring, Keith, King, Marshall,
Miller, of Pontotoc, Rogers, Reynolds, Sanders, Smart,
Stephens, Tison, Taylor, Wood, of Attala, Yerger and Young--28.
NAYS--Mr. President, Messrs. Baldwin, Backstrom, Booth,
Brantley, Brooke, Blair, Berry, Ballard, Bookter, Clayton, of
Marshall, Catchings, Colbert, Clapp, O. Davis, Dease, Douglas,
Dyer, Deason, Eckford, Farrar, Fizer, George, Glenn, Gibson,
Gwin, Harris, Hill, Holt, Isom, Johnson, of De Soto, Jones, Keirn,
Kennedy, Lea, Lamar, Lewers, Lewis, McGhee, of Bolivar,
McGhee, of Panola, Miller, of Tunica, Neely, Nelson, Orr,
Pattison, Powell, of Covington, Powell, of Jones, Semmes, Terral,
Thompson, Vaughn, Witty, Winchester, Wilkinson, Woods and
Wright--57.
Mr. Gholson offered an amendment as a substitute for the
amendment of Mr. Wood, of Attala, entitled, "an Ordinance to
provide for the ratification by the people of the State of
Mississippi, the Constitution of the Confederate States of
America, adopted, by the Congress of the Confederate States of
America, March 11th, 1861."
Mr. Gholson moved the adoption of his amendment which
was decided in the negative by yeas and nays as follows:
YEAS--Messrs. Aldridge, Barksdale, Brooke, Beene, Blair,
Bonds, Clayton, of Lowndes, Cummings, Colbert, J. S. Davis,
Farrar, Flourney, Fontaine, Gholson, Herring, King,
Lewers, Marshall, Miller, of Pontotoc, Powell of Jones, Rogers,
Reynolds, Sanders, Smart, Sumner, Stephens, Tison, Taylor,
Winchester, Wright, Yerger and Young--32.
NAYS--Mr. President, Messrs. Anderson, Baldwin, Backstrom,
Page 34
Booth, Brantley, Berry, Bullard, Bookter, Clayton, of
Marshall, Catchings, Clapp, O. Davis, Dease, Douglas,
Dyer, Deason, Eckford, Edwards, Fizer, George, Glenn,
Gibson, Gwin, Harris, Hill, Holt, Isom, Johnston, of De Soto,
Jones, Keirn, Keith, Kennedy, Lea, Lamar, Lewis, Mayson,
McGhee, of Bolivar, McGhee, of Panola, Miller, of Tunica,
Neely, Nelson, Orr, Pattison, Powell, of Covington, Semmes,
Terral, Thompson, Vaughn, Witty, Wilkinson, Woods, Wood of
Attala--53[.]
The question was then taken on the adoption of the amendment
of Mr. Wood, of Attala, to the report of the majority committee,
and decided in the negative by yeas and nays as follows:
YEAS--Messrs. Barksdale, Blair, Bonds, Clayton, of Lowndes,
Cummings, Colbert, J. S. Davis, Denson, Farrar, Gholson,
Herring, King, Marshall, Rogers, Reynolds, Sumner, Stephens,
Taylor, Winchester, Wood, of Attala, Wright, Yerger and
Young--23.
NAYS--Mr. President, Messrs. Anderson, Baldwin, Backstrom,
Booth, Brantly, Brooke, Beene, Berry, Bullard, Bookter, Clayton,
of Marshall, Catchings, Clapp, O. Davis, Dease, Douglas, Dyer,
Deason, Eckford, Fizer, Fontaine, George, Glenn, Gibson, Gwin,
Harris, Hill, Holt, Isom, Johnston, of DeSoto, Jones, Keirn, Keith,
Kennedy, Lea, Lamar, Lewis, Mayson, McGhee, of Bolivar,
McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely,
Nelson, Orr, Pattison, Powell, of Covington, Semmes, Terral,
Tison, Thompson, Vaughan, Witty, Wilkinson and Woods--56.
Mr. Yerger then moved the adoption of the Ordinance
reported by him as the minority of the committee as a substitute
for the Ordinance reported by the majority, which was decided
in the negative by yeas and nays as follows:
YEAS--Messrs. Blair, Bonds, Cummings, Gholson, Herring,
Marshall, Reynolds, Sanders, Sumner, Stephens, Taylor,
Yerger and Young--13.
NAYS--Mr. President, Messrs. Anderson, Aldridge, Barksdale,
Baldwin, Backstrom, Booth, Brantley, Brooke, Beene, Berry,
Bullard, Bookter, Clayton, of Marshall, Clayton, of Lowndes,
Catchings, Colbert, Clapp, O. Davis, J. S. Davis, Dease, Douglas,
Dyer, Deason, Eckford, Farrar, Fizer, Fontaine,
Page 35
Glenn, Gibson, Gwin, Harris, Hill, Holt, Isom, Johnston,
of De Soto, Jones, Keirn, Keith, Kennedy, King, Lea,
Lamar, Lowers, Lewis, Mayson, McGhee, of Bolivar,
McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica,
Neely, Nelson, Orr, Pattison, Powell, of Covington, Powell,
of Jones, Rogers, Semmes, Terral, Tison, Thompson, Vaughn,
Witty, Winchester, Wilkinson, Woods and Wright--66.
Mr. Rogers offered an Ordinance entitled, an Ordinance to
ratify the Constitution of the Confederate States of America,
adopted, March 11th, 1861, as a substitute for the report of the
majority committee.
On motion of Mr. Clapp the amendment was laid on the table,
upon a call of the yeas and nays, as follows:
YEAS--Mr. President, Messrs. Anderson, Baldwin, Backstrom,
Booth, Brantley, Berry, Bullard, Bookter, Clayton, of Marshall,
Clayton, of Lowndes, Catchings, Clapp, O. Davis, Dease,
Douglas, Dyer, Deason, Eckford, Farrar, Fizer, Fontaine, George,
Glenn, Gibson, Gwin, Hill, Holt, Isom, Jones, Keirn, Keith, Lea,
Lamar, Lewis, Mayson, McGhee, of Bolivar, Miller, of Pontotoc,
Miller, of Tunica, Neely, Nelson, Orr, Pattison, Powell, of
Covington, Powell, of Jones, Semmes, Terral, Thompson, Vaughn,
Witty, Winchester, Wilkinson and Woods--53.
NAYS--Messrs. Beene, Blair, Bonds, Cummings, Colbert, J. S.
Davis, Denson, Flournoy, Gholson, Herring, Johnston, of De
Soto, Kennedy, King, Lewers, Marshall, McGhee, of Panola,
Rogers, Reynolds, Sanders, Sumner, Stephens, Tison, Taylor,
Wood, of Attala, Wright, Yerger and Young--27.
No other amendments being offered, on motion of Mr. Glenn,
the report of the majority committee was agreed to.
Mr. Glenn moved that the Ordinance reported by the
committee be considered as engrossed and put upon its
passage, which was decided in the affirmative.
The question was then taken on the passage of the
Ordinance and decided in the affirmative, by yeas and nays as
follows:
YEAS--Mr. President, Messrs. Anderson, Aldridge, Barksdale,
Baldwin, Backstrom, Booth, Brantley, Brooke, Beene, Blair,
Berry, Bonds, Bullard, Bookter, Clayton, of Marshall, Clayton, of
Lowndes, Catchings, Colbert, Clapp, O. Davis, J. S. Davis,
Dease, Denson, Douglas, Dyer, Deason, Eckford,
Edwards, Farrar, Fizer, Fontaine, George, Glenn, Gibson,
Page 36
Gholson, Gwin, Harris, Herring, Hill, Holt, Isom, Johnston, of De
Soto, Jones, Keirn, Keith, Kennedy, King, Lea, Lamar, Lewers,
Lewis, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller,
of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Parker,
Pattison, Powell, of Covington, Powell, of Jones, Rogers,
Semmes, Smart, Terral, Tison, Taylor, Thompson, Vaughn, Witty,
Winchester, Wilkinson, Woods, Wright and Young--78.
NAYS--Messrs. Cummings, Marshall, Reynolds, Sanders,
Stephens, Wood, of Attala, and Yerger--7.
Ordered that the title stand as stated.
On motion of Mr. Brooke, the President was requested to
telegraph the action of the Convention upon the ratification of
the Constitution, to Major General Charles Clark, at Mobile,
President Jefferson Davis and Hon. ---- Jameson, President of the
Convention of the State of South Carolina.
Previous to the Convention proceeding to take the vote
upon the various propositions submitted for the ratification of the
Constitution, Mr. Glenn stated that Mr. Hurst and Mr. Parker had
agreed to pair off, and not vote upon any of the propositions,
except the Ordinance reported by the majority committee.
The President communicated to the Convention a dispatch
from Major General Charles Clark, at Mobile, that the
resolutions of the Convention, in relation to the Mississippi
Volunteers had been received and would be read to the troops.
Mr. Barksdale from the committee on Enrolled Ordinances
reported that they had examined an Ordinance supplemental to
an Ordinance entitled, an Ordinance to raise means for the
defense of the State, adopted the 26th day of January, A. D.
1861; An Ordinance to adopt and ratify the Constitution,
adopted by the Convention, at Montgomery, Alabama, and
found the same correctly enrolled.
On motion of Mr. Jones, of Sunflower, the Convention
adjourned until three o'clock, P. M.
THREE O' CLOCK, P.M.
The Convention met pursuant to adjournment.
Mr. Clapp offered the following resolution which was
adopted:
Page 37
Resolved, That the President of the Convention be and he is
hereby instructed upon the final adjournment of this
body, to issue certificates in favor of Hons. H. W. Walter, Samuel
Benton, James R. Chalmers and Israel Welsh, for such sums
respectively as their mileage and per diem, during the present
called session would amount to, they being delegates to this
Convention, whose absence is occasioned by their respose to
the call of the State Executive for volunteer troops, to be placed at
the disposal of the Government of the Confederate States.
Leave of absence was granted Mr. Yerger.
Mr. Holt presented resolutions authorizing the Governor
to loan to the several counties, deficient in a supply of corn,
a sufficient amount in Treasury notes to meet their actual
necessities under certain provisions therein mentioned.
On his motion the resolutions were referred to the committee
raised on yesterday upon the same subject.
Mr. Gholson offered the following resolution, and moved its
adoption, to-wit:
Resolved, That a committee of ---- be appointed with
instructions to report an Ordinance to divide the State of
Mississippi into seven Congressional districts.
The question was taken on the adoption of the resolution
and decided in the negative.
On motion of Mr. Glenn, the resolution authorizing the judges
of the various circuit courts of this State, as well as the justices
of the peace to suspend the sessions of their tribunals as to the
trial of civil and chancery cases in court during the spring and
summer of the present year, was called from the table.
Mr. Orr offered the following amendment as a substitute for
the resolution:
Resolved, That the resolution be referred to a committee of
five, with instructions to inquire into the expediency of
suspending the enforcement of decrees, judgments, executions,
mortgages and deeds of trust for nine months.
Mr. Anderson moved to lay the original resolution on the
table, which was lost.
Mr. Orr, by leave of the Convention, withdrew his
amendment.
The question was then taken on the, adoption of Mr. Glenn's
resolution and decided in the negative, by yea and nays as
follows:
YEAS--Messrs. Brantly, Brooke, Blair, Colbert, Denson,
Page 38
Deason, Flourney, Gholson, Harris, Keith, King,
McGhee, of Bolivar, Miller, of Pontotoc, Miller of
Tunica, Neely, Orr, Parker and Vaughn--19[.]
NAYS--Mr. President, Messrs. Anderson, Aldridge,
Barksdale, Baldwin, Backstrom, Booth, Beene, Bonds, Bullard.
Clayton, of Lowndes, Cummings, Clapp, O. Davis, Dease, Dyer
Eckford, George, Gibson, Gwin, Holt, Johnston, of De Soto,
Jones, Keirn, Kennedy, Lea, Lewers, Lamar, Lewis, Marshall,
Mayson, McGhee, of Panola, Nelson, Pattison, Reynolds,
Sanders, Semmes, Sumner, Stephens, Tison, Taylor, Thompson,
Witty, Wilkinson, 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 the rule.
Mr. Brooke offered the following amendment, which was
adopted, to-wit:
Provided, That no merchant who avails himself of the
benefits of this Ordinance shall be permitted to dun or sue a
customer for any debt for goods purchased or bought from
creditor whose debt he seeks to avoid.
On motion of Mr. O. Davis, the Ordinance and amendment
was laid on the table.
Mr. Deason from the committee of three, to whom was
referred 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 destitution of the people of the State
of Mississippi," with a recommendation that it do pass, which
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 offered the following amendment 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 striking out the third
section, which was lost.
On motion of Mr. Clapp the Ordinance was recommitted to
the same committee.
On motion of Mr. Dease, Mr. Clapp was added to the
committee.
Page 39
Mr. Aldridge introduced an Ordinance in relation to lands in
the State of Mississippi, belonging to Indian orphans,
which was read the time.
On his motion the rule was suspended and the Ordinance
adopted.
Mr. Glenn offered the following resolutions which were
adopted, to-wit:
Resolved, That E. P. Russell, Secretary of the Convention,
be allowed the sum of fifty dollars, for services rendered
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, further, 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. O. 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 Officers of this State, and all members of the
bar, to take an oath to support the Constitution of the
Confederate States of America, and that they report by
Ordinance or otherwise.
Mr. Dyer introduced an Ordinance to amend an Ordinance
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 30th, 1861.
The Convention met pursuant to adjournment.
The Journal of yesterday was read and approved.
Page 40
Mr. Barksdale 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 Orphans; Also,
resolutions in relation to the Secretary of the Convention.
Leave of absence was granted Messrs. Backstrom, Bullard
and Denson.
Mr. Brooke introduced an Ordinance in reference to the
Marine Hospital, at Vicksburg, which was read the first and
second time under a suspension of the rule.
On his motion the Ordinance was considered as engrossed
read the third time and passed, with title as stated.
Mr. Miller from the committee on State Constitution reported
an Ordinance to amend the constitution of the State of
Mississippi, in several particulars, and recommended its
passage, which was received and agreed to, and the Ordinance
read the first and second times under a suspension of the rule.
On his motion the Ordinance was considered as engrossed,
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 second 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
Ordinance and decided in the negative.
Mr. Clapp from the select committee to whom was referred 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 recommended 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
Ordinance and decided in the affirmative upon a call of the yeas
and nays as follows:
Page 41
YEAS--Mr. President, Messrs. Barksdale, Baldwin, Booth,
Brantley, Brooke, Bonds, Bookter, Clayton, of Marshall,
Catchings, Clapp, O. Davis, Dease, Denson, Douglas, Dyer,
Deason, Eckford, George, Glenn, Gibson, Gholson, Gwin, Harris,
Holt, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy,
Lea, Lamar, Lewers, Mayson, McGhee, of Bolivar, McGhee, of
Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr,
Parker, Powell, of Covington, Powell, of Jones, Rogers, Sanders,
Stephens, Terral, Taylor, Thompson, Witty, Woods, Wood, of
Attala, Wright and Young--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
the Governor, received on yesterday, as relates to Military
affairs, was referred to the Military committee.
Mr. Harris introduced an Ordinance to alter and modify the
Ordinance entitled an Ordinance concerning the jurisdiction 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 Ordinance
considered as engrossed and read the third time.
The question was then taken on the passage of the
Ordinance and decided in the affirmative.
On motion of Mr. George, the Ordinance in relation to
judgments and decrees heretofore rendered, and suits pending
in the United States Court, lately existing in this State and the
records thereof, was called up and read the second time.
On motion of Mr. O. Davis the Ordinance was laid on the
table.
Mr. Glenn introduced an 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, introduced an Ordinance authorizing
Page 42
the investment of trust funds in the public securities
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.
HON. W. S. BARRY,
Sir: Enclosed in parcel please find an enlarged photograph 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 conquest of his prey, and is in the
attitude of striking the fatal blow, when the mother, ever
watchful, and seeing the actual 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 him powerless in her grasp.
The cotton, the plow and steamer represents wealth,
agriculture and commerce, while the citizen soldier, arms and
fortifications represent our defences.
Mr. Orr offered the following resolution, which was adopted,
to-wit:
Resolved, That the State 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 be add thereto the proceedings and Ordinances
of this session, and the debates in full on the ratification of the
permanent Constitution of the Confederate States of America.
And, provided further, That the cost of each volume shall not
exceed one dollar and fifty cents; and when the said work is
published, one copy
Page 43
shall be sent to each member of this Convention, and the
balance delivered to the 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 on the certificate of the
Secretary of State that the terms of this resolution have been
complied with, the Auditor shall issue his 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, adopted on
the 26th day of January, 1861, entitled, an Ordinance to provide
for the representation of the State of Mississippi in the Congress
of the Southern Confederacy, which was read the first and
second time under a suspension of the rule.
Mr. Catchings, by leave, withdrew the Ordinance. whereupon
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 delegates from this State in the
provisional Congress of the Confederate States of America,
which was read the first and second time under a suspension of
the rule.
Mr. Dyer offered 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 approve
and endorse the action of our delegates at Montgomery.
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
Ordinance 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, the Ordinance
considered as engrossed and read the third time.
The question was then taken on the passage of the
Ordinance and decided in the affirmative.
Ordered that the title stand as stated.
Page 44
Mr. George introduced an Ordinance to define the power of
the Legislature of this State in relation to the Ordinances and
resolutions adopted by this Convention, which was read the first
time.
On his motion the rule was suspended, the Ordinance read
the second time and referred to the committee on State
Constitution.
On motion of Mr. Jones, of Sunflower, the committee adjourned
until 3 o'clock, P. M.
THREE O'CLOCK, P. M.
The Convention met pursuant to adjournment.
Mr. George offered the following resolution which was
adopted, to-wit:
Resolved, That it is the sense of this Convention that the
government under the permanent Constitution of the Confederate
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 indicated by this resolution upon
that body.
Mr. 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 photograph 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 official 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.
Page 45
The chairman, Mr. Gholson, presented the following
communication from the Hon. J. L. Alcorn:
FRIAR'S POINT, MISS., March 25, 1861.
HON. W. S. BARRY,
President of Mississippi Convention:
Jackson, Mississippi.
Sir: I 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 session
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. Clayton, of Marshall, Clayton, of
Lowndes, Colbert, Clapp, O. Davis, Dease, Dyer, Deason,
Fontaine, George, Gibson, Harris, Holt, Isom, Johnston, of De
Soto, Jones, Keirn, Keith, Kennedy, Lea, Lamar, Lewers, Lewis,
Mayson, McGhee of Bolivar, McGliee, of Panola, Miller, of Pontotoc,
Miller, of Tunica, Neely, Nelson, Pattison, Sanders, Sumner, Taylor,
Witty, Woods and Wright--44.
Page 46
NAYS--Messrs. Baldwin, Brooke, Beene, Gholson, Marshall,
Orr, Rogers, Reynolds, Stephens, Tison, Thompson, Wood, of
Attala, and Young--13.
On motion of Mr. Holt the Convention proceeded to the
election of delegates to the Montgomery Convention, to fill the
vacancy occasioned by the resignation of the Hon. W. S.
Wilson.
Mr. Holt nominated the Hon. D. C. Glenn.
Mr. George nominated the Hon. J. A. Orr.
The chairman appointed Messrs. Holt and Beene to act as
tellers.
Upon counting the votes, Mr. Glenn received 22 votes; Mr.
Orr received 27 votes; Scattering, 2 votes.
Mr. Orr having received a majority of all the votes cast was
declared elected.
Mr. Thompson offered a resolution authorizing the Auditor of
Public Accounts to issue duplicate warrants to W. F. Huggins,
assessor of the County of Chickasaw, and to Thomas M.
Blackwell, Clerk of the Circuit Court of said county, to an
amount not exceeding the sum of two hundred dollars each.
Mr. Miller moved to lay the resolution on the table which
was lost.
The question was then taken on the adoption of the
resolution and decided in the affirmative.
On motion of Mr. Tison,
Resolved, That the thanks of this Convention be and are
hereby tendered to the Hon. W. S. Barry, for the dignified, able
and courteous manner, in which he has presided over the
deliberations of this body.
On motion of Mr. Anderson,
Resolved, That the provisions of an Ordinance, adopted,
January, 26, 1861, of this Convention, for the publication of the
Ordinances and Journals, shall be applied to the publication of
the Journal and Ordinances of this session.
On motion of Mr. Tison,
Resolved, That the thanks of this Convention be and are
hereby tendered to E. P. Russell, Secretary of the Convention,
and Robt. C. Miller, Assistant Secretary, for the able and very
efficient manner in which they have discharged their respective
duties.
Mr. Fontaine introduced an Ordinance to authorize the
Governor of the State of Mississippi to transfer volunteers to
the service of the Government of the Confederate States,
Page 47
which was read the first and second time under a suspension
of the rule.
Mr. Lamar moved to lay the Ordinance on the table, which
was lost.
On motion of Mr. Fontaine, the rule was suspended, the
Ordinance read the third time and passed, with title as stated.
On motion of Mr. Harris,
Resolved, That Mr. J. L. Power be allowed the sum of four
dollars per day during the session of this Convention for the
reports of its proceedings which have appeared in the Daily
Mississippian.
Mr. Barksdale made the following report:
MR. PRESIDENT:--
The Committee on Enrolled Ordinances have examined and
found correctly enrolled, an Ordinance appointing A. M.
Clayton, W. S. Barry, J. A. P. Campbell, W. Brooke, W. P. Harris,
and Jas. T. Harrison, representatives or delegates from this
State in the Provisional Congress of the Confederate States of
America; an Ordinance to provide a Coat of Arms and Flag for
the State of Mississippi, an Ordinance to define the power of the
Legislature of this State in relation to the Ordinances and
resolutions adopted by this Convention; an Ordinance to
authorize the Governor of the State of Mississippi to transfer
volunteers to the service of the Confederate States of America;
an Ordinance to provide for the appointment of electors for
President and Vice President of the Confederate States of
America; an Ordinance making certain appropriations therein
named; an Ordinance in relation to the Marine Hospital at
Vicksburg; an Ordinance to alter and modify the Ordinance
entitled, an Ordinance concerning the jurisdiction and property
of the United States in the State of Mississippi; Resolution in
relation to the organization of the Government under the
Permanent Constitution of the Confederate States; a resolution
in relation to the publication of the Journals and Ordinances of
the present session of the Convention; a resolution authorizing
the Auditor of Public Accounts to issue duplicate warrants to
W. T. Huggins and Thomas M. Blackwell; a resolution in
relation to the State of Mississippi subscribing for five hundred
copies of the proceeding, debates, &c., as published by J. L.
Power.
The Convention having completed the business before it.
Page 48
Mr. Gibson moved that the Convention adjourn sine die.
Before putting the motion the President said:
Gentlemen of the Convention: I take this occasion to return
you my sincere thanks for the personal kindness and uniform
courtesy which you have extended towards me in the discharge
of my duties, and for the two resolutions expressing your
approbation. I assure you that I profoundly appreciate these
evidences of esteem; they will be among the proudest
recollections of my life. For the manner in which you have
discharged your duties and consummated the great work for
which you were assembled, the people will gratefully remember
you, and for the final result I am sure no man here need blush to
the latest moment of his life. Again thanking you gentlemen of
the Convention, I now declare this body adjourned sine die.
W. S. BARRY,
President.
E. P. RUSSELL, Secretary.
Page 49
CONSTITUTION
OF THE
STATE OF MISSISSIPPI.
ARTICLE
- I. Declaration of rights.
- II. Distribution of Powers.
- III. Legislative Department.
- IV. Judicial Department.
- V. Executive Department; militia.
- VI. Impeachments.
- VII. General provisions; slaves.
Amending Constitution; schedule.
ARTICLE I.
DECLARATION OF RIGHTS.
THAT the general, great and essential principles of liberty and free
government may be recognized and established, WE DECLARE:
Equality and natural rights.
SECTION 1. That all freemen, when they form a
social compact, are equal in rights; and that no
men, or set of men, are entitled to exclusive, separate
public emoluments or privileges from the community,
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 benefit;
and, therefore, they have, at all times, an inalienable and
indefeasible right to alter or abolish their
form of government in such manner as they may think
expedient.
Page 50
Religious worship.
SEC. 3. The exercise and enjoyment of religious
profession and worship, without discrimination, shall
forever be free to all persons in this State: Provided,
That the right hereby declared and established
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 his
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.
Freedom of speech.
SEC. 6. Every citizen may freely speak, write
and 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.
Truth to be given in evidnce in all prosecutions
for libel.
SEC. 8. In all prosecutions or indictments for
libel, the truth may be given in evidence; and if it
shall appear to the jury that the matter charged as
libelous is true, and was published with good motives
and for justifiable ends, the party shall be acquitted;
and the jury shall have the right to determine the
law and the facts.
SEC. 9. That the people shall be secure in their
persons, houses, papers and possessions, from unreasonable
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,
supported by oath or affirmation.
The accused, how heard and convicted.
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
of the accusation; to be confronted by the witnesses
against him; to have a compulsory process for
obtaining witnesses in his favor; and, in all prosecutions,
by indictment or information, a speedy and
public trial by an impartial jury of the country,
where 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.
Page 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
prescribed; and no person shall be punished but in
virtue of a law established and promulgated prior
to the offence, and legally applied.
Proceedings in indictable offences.
SEC. 12. That no person shall, for an indictable offence,
be proceeded against criminally by
information, except in cases arising in the land or
naval forces, or in the militia, when in actual service,
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 right 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.
Excessive bail.
SEC. 16. That excessive bail shall not be required,
nor excessive fines imposed, nor cruel punishment inflicted.
Bailable offences, habeas corpus, &c.
SEC. 17. That all prisoners shall, before conviction,
be bailable by sufficient securities, except
for capital offences, where the proof is evident, or
the presumption great; and the privilege of the
writ of habeas corpus shall not be suspended, unless,
when in a case of rebellion or invasion, the
public safety may require it.
When debtor not to be imprisoned.
SEC. 18. That the person of a debtor, when
there is not strong presumption of fraud, shall not
be detained in prison after delivering up his estate
for the benefit of his creditors, in such a manner as
shall be prescribed by law.
SEC. 19. No conviction for any offence shall
work 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.
Page 52
SEC. 20. No property qualification for eligibility
to office, or for the right of suffrage, shall ever
be required by law in this State.
The estates of suicides.
SEC. 21. That the estates of suicides shall
descend or vest as in cases of natural death; and if
any person shall be killed by casuality, there shall
be no forfeiture by reason thereof.
The right of petition
SEC. 22. That the citizens have a right, in a
peaceable manner, to assemble together for their
common good; and to apply to those invested with
the powers of government for redress of grievances,
or other purposes, by petition, address or remonstrance.
Right to bear arms
SEC. 23. Every citizen has a right to bear arms
in defence of himself and of the State.
No standing army, except, &c.
SEC. 24. No standing army shall be kept up
without the consent of the Legislature; and the
military shall, in all cases and at all times, be in
strict subordination to the civil power.
SEC. 25. That no soldier shall, in time of peace,
be quartered in any house without the consent of
the owner, or in time of war, but in the manner to
be proscribed by law.
SEC. 26. That no hereditary emoluments, privileges
or honors shall ever be granted or conferred
in this State.
Emigration, &c.
SEC. 27. Emigration from this State shall not
be prohibited, nor shall any free white citizen of
this State ever be exiled under any pretence whatever.
Trial by jury,
SEC. 28. The right of trial by jury shall remain
inviolate.
Prosecution of suits.
SEC. 29. No person shall be debarred from prosecuting
or defending any civil cause for or against
him or herself, before any tribunal of this State, by
him or herself or counsel, or both.
Tenure of office.
SEC. 30. No person shall ever be appointed or
elected to any office in this State for life or during
good behavor; but the tenure of all offices shall
be for some limited period of time, if the person
appointed or elected thereto shall so long behave
well.
Page 53
CONCLUSION.
To guard against transgressions of the high
powers herein delegated, WE DECLARE that everything
in this article is excepted out of the general
powers of government, and shall forever remain
inviolate: and that all laws contrary thereto, or to
the following provisions, shall be void:
ARTICLE II.
DISTRIBUTION OF POWERS.
Distribution of powers.
SEC. 1. The powers of the government of the
State of Mississippi shall be divided into three distinct
departments, and each of them confided to a
separate body of magistracy, to-wit: those which
are legislative to one, those, which are judicial to
another, and those which are executive to another.
SEC. 2. No person, or collection of persons, being
of one of those departments, shall exercise any
power properly belonging to either of the others,
except in the instances hereinafter expressly directed
or permitted.
ARTICLE III.
LEGISLATIVE DEPARTMENT.
Qualified electors.
SEC. 1. Every free white male person of the
age of twenty-one years or upwards, who shall be
a citizen of the Confederate States of America,
and shall have resided in this State one year
next preceeding an election, and the last four
months within the county, city or town, in which
he offers to vote, shall be deemed a qualified elector;
and any such qualified elector, who may
happen to be in any county, city or town, other
than that of his residence, at the time of an election,
or who shall have removed to any county, city or
town within four months proceeding the election,
from any county, city or town, in which he would
have been a qualified elector had he not so removed
may vote for any State or district officer, or member
of Congress, for whom he could have voted in
the county of his residence, or the county, city or
town from which he may have so removed.
Page 54
Electors.
SEC. 2. Electors shall, in all cases except in those
of treason, felony, or breach of the peace, be priviledged
from arrest during their attendance on elections,
and going and returning from the same.
SEC. 3. The first elections shall be by ballot,
and all future elections by the people shall be
regulated by law.
SEC. 4. The legislative powers of this State shall
be vested in two distinct branches: the one to be
styled "the "Senate," the other, "the House of
Representatives," and both together "the Legislature of
the State of Mississippi;" and the style of their
laws shall be, "Be it enacted by the Legislature of
the State of Mississippi.
SEC. 5. The members of the House of
Representatives shall be chosen by the qualified electors,
and shall serve for the term of two years, from the
day of the commencement of the general election,
and no longer.
SEC. 6. The representatives shall be chosen
every two years, on the first Monday and day
following in November.
Qualifications.
SEC. 7. No person shall be a representative
unless he be a citizen of the Confederate States of
America, and shall have been an inhabitant of
this State two years next proceeding his election,
and the last year thereof a resident of the
county, city or town for, which he shall be chosen,
and shall have attained the age of twenty-one years.
Election where to be held.
When town or city entitled to separate representation.
Residuum &c.
SEC. 8. Elections for representatives for the
several counties shall be held at the places of holding
their respective courts, or in the several election
districts into which the county may be divided;
Provided, that when it shall appear to the legislature
that any city or town has a number of free
white inhabitants equal to the ratio then fixed, such
city or town shall have a separate representation,
according to the number of free white inhabitants
therein, which shall be retained so long as such city
or town shall contain a number of free white
inhabitants equal to the existing ratio, and thereafter,
and during the existence of the right of separate
representation in such city or town, elections for the
county in which such city or town, entitled to separate
representation, is situated, shall not be held in-such
city or town: And provided, that if the residuum
Page 55
or fraction of any city or town, entitled to separate
representation, shall, when added to the residuum
in the county in which it may lie, be equal to the
ratio fixed by law for one representative, then the
aforesaid county, city or town, having the large
residuum, shall be entitled to such representation:
And provided, also, That when there are two
more counties adjoining, which have residuums over
and above the ratio then fixed by law if such
residuums, when added together, will amount to such
ratio, in that case one representative shall be
added to that county having the largest residuum.
Enumeration and apportionment.
Number of representatives
SEC. 9. The Legislature shall, at their first session,
and at periods of not loss than every four, nor
more than every six years, until the year 1845, and
thereafter at periods of not less than every four nor
more then every eight years, cause an enumeration
to be made of all the free white inhabitants of this
State, and the whole number of representatives shall
at the several periods of making such enumeration,
be fixed by the Legislature and apportioned among
the several counties, cities or towns entitled to
separate representation, according to the number of
free white inhabitants in each, and shall not be less
than thirty-six nor more than one hundred: Provided,
however, That each county shall always be
entitled to at least one representative.
Senators, &c.
SEC. 10. The whole number of senators shall,
at the several periods of making the enumeration
before mentioned, be fixed by the Legislature, and
apportioned among the several districts to be
established by law, according to the number of free
white inhabitants in each, and shall never be less
than one-fourth nor more than one-third of
whole number of representatives.
Number, &c.
SEC. 11. The senators shall be chosen by the
qualified electors for four years, and on their being
convened in consequence of the first election, they
shall be divided by lot from their respective
districts into two classes, as nearly equal as can be,
and the seats of the senators of the first class shall
be vacated at the expiration of the second year.
How chosen and classified.
SEC. 12. Such mode of classifying new additional
senators shall be observed as will as nearly as
possible preserve an equality of members in each class.
Page 56
SEC. 13. When a senatorial district shall be
composed of two or more counties, it shall not be
entirely separated by any county belonging to
another district, and no county shall be divided in
forming a district.
Qualifications of Senators.
SEC 14. No person shall be a senator unless he
be a citizen of, the Confederate States of America,
and shall have been an inhabitant of this State for
four years next preceding his election, and the last
year thereof a resident of the district for which he
he shall be chosen, and have attained the age of
thirty years.
Speaker of the House and other officers.
SEC. 15. The House of Representatives, when
assembled, shall choose a speaker and its other
officers, and the Senate shall choose a president and
its officers, and each house shall judge of the
qualifications and elections of its own members, but a
contested election shall be determined in such manner
as shall be directed by law. A majority of each
house shall constitute a quorum to do business, but
a smaller number may adjourn from day to day, and
may compel the attendance of absent members, in
such manner and under such penalties as each house
may provide.
Power of each house.
SEC. 16. Each house may determine the rules of
its own proceedings, punish members for disorderly
behavior, and, with the consent of two-thirds, expel
a member, but not a second time for the same cause;
and shall have all other powers necessary, for a branch
of the legislature of a free and independent State.
Journal of yeas and nays.
SEC. 17. Each house shall keep a journal of its
proceedings, and publish the same; and the yeas and
nays of the members of either house, on any question,
shall, at the desire of any three members present,
be entered on the journal.
Vacancies
SEC. 18. When vacancies happen in either
house, the Governor, or the person exercising the
powers of the Governor, shall issue writs of elections
to fill such vacancies.
Privileged from arrest; exception.
SEC. 19. Senators and Representatives shall, in
all cases, except of treason, felony, or breach of the
peace, be privileged from arrest during the session
of the legislature, and in going to and returning
from the same, allowing one day for every twenty
miles such member may reside from the place at
which the legislature is convened.
Page 57
SEC. 20. Each house may punish, by imprisonment
during the session, any person not a member,
for disrespectful or disorderly behavior in its presence,
or for obstructing any of its proceedings:
Provided, such imprisonment shall not, at any one
time, exceed forty-eight hours.
SEC. 21. The doors of each house shall be open,
except on such occasions of great emergency as, in
the opinion of the house, may require secrecy.
SEC. 22. Neither house shall, without the consent
of the other, adjourn for more than three days,
nor to any other place than that in which they may
be sitting.
SEC. 23. Bills may originate in either house, and
be amended, altered or rejected by the other, but no
bill shall have the force of a law until, on three
several days, it be read in each house, and free discussion
be allowed thereon, unless four-fifths of the
house in which the bill shall be pending may deem
it expedient to dispense with this rule; and every
bill, having passed both houses, shall be signed by
the speaker and president of their respective houses.
SEC. 24. All bills for raising revenue shall originate
in the House of Representatives, but the Senate may
amend or reject them, as other bills.
Compensation of the members.
SEC. 25. Each member of the legislature shall
receive, from the public treasury, a compensation for
his services, which may be increased or diminished
by law, but no increase of compensation shall take
effect during the session at which such increase shall
have been made.
Members not eligible to office.
SEC. 26. No senator or representative shall,
during the term for which he shall have been elected,
nor for one year thereafter, be appointed to any
civil office of profit under the State, which shall
have been created, or the emoluments of which shall
have been increased during such term, except such
offices as may be filled by elections by the people;
and no member of either house of the legislature
shall, after the commencement of the first session of
the legislature after his election, and during the
remainder of the term for which he is elected, be
eligible to any office or place, the appointment to
which may be made, in whole or in part, by either
branch of the legislature.
Page 58
Officers not eligible to legislature.
SEC. 27. No judge of any court of law or equity,
secretary of state, attorney-general, clerk of any
court of record, sheriff or collector or any person
holding a lucrative office under the laws of the
Confederate States of America, or of this State,
shall be eligible to the legislature: Provided,
That officers in the militia, to which there is
attached no annual salary, and the office of the
justice of the peace, shall not be deemed lucrative.
Defaulters
SEC. 28. No person who has heretofore, or hereafter,
been a collector or holder of public moneys,
shall have a seat in either house of the legislature
until such person shall have accounted for, and paid
into the treasury, all sums for which he may be
accountable.
First election, when holden.
SEC. 29. The first election for senators and
representatives shall be general throughout the
State, and shall be held on the first Monday, and
day following, in November, 1833; and thereafter
there shall be biennial elections for senators to fill
the places of those whose term of service may have
expired.
Seat of governm't
SEC. 30. The first and all future sessions of the
legislature shall be held in the town of Jackson, in
the county of Hinds, until the year 1850. During
the first session thereafter, the legislature shall have
power to designate, by law, the permanent seat of
government: Provided, however, That unless such
designation be then made by law, the seat of government
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, treasurer,
auditor of public accounts and attorney-general
shall reside at the seat of government.
ARTICLE IV.
JUDICIAL DEPARTMENT.
Judicial power.
SEC. 1. The judicial power of the State shall
be vested in one high court of errors and appeals,
and such other courts of law and equity as are
hereafter provided for in this constitution.
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High co'rt of errors and appeals.
SEC. 2. The high court of errors and appeals
shall consist of three Judges, any two of whom shall
form a quorum. The legislature shall divide the
State into three districts, and the qualified electors
of each district shall elect one of said judges for
the term of six years.
Judges how elected term, of office.
SEC. 3. The office of one of said judges shall
be vacated in two years, and one in four years,
and one in six years--so that, at the expiration of
every two years, one of said judges shall be elected,
as aforesaid.
Jurisdiction.
SEC. 4. The high court of errors and appeals
shall have no jurisdiction but such as properly
belongs to a court of errors and appeals.
Vacancies
SEC. 5. All vacancies that may occur in said
court, from death, resignation, or removal, shall be
filled by election as aforesaid: Provided, however,
That if the unexpired term do not exceed one year
the vacancy shall be filled by executive appointment.
Where holden.
SEC. 6. No person shall be eligible to the office
of judge of the high court of errors and appeals,
who shall not have attained, at the time of his election,
the age of thirty years.
First election.
SEC. 7. The high court of errors and appeal
shall be held twice in each year, at such place as
the legislature shall direct, until the year eighteen
hundred and thirty-six, and afterwards at the seat
of government of the State.
Term of office.
SEC. 8. The secretary of state, on receiving all
the official returns of the first election, shall
proceed forthwith, in the presence and with the
assistance of two justices of the peace, to determine, by
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.
When judge disqualified.
SEC. 9. No judge shall sit on the trial of any
cause when the parties or either of them shall be
connected with him by affinity or consanguinity, or
when he may be interested in the same, except by
consent of the judge and of the parties; and whenever
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a quorum of said court are situated as aforesaid,
the Governor of the State shall in such case
especially commission two or more men of law knowledge,
for the determination thereof.
Salaries.
SEC. 10. The judges of said court shall receive
for their services a compensation to be fixed by law,
which shall not be diminished during their continuance
in office.
Judges of circuit court.
SEC. 11. The judges of the circuit court shall
be elected by the qualified electors of each judicial
district, and hold their offices for the term of four
years, and reside in their respective districts.
Qualifications.
SEC. 12. No person shall be eligible to the office
of judge of the circuit court, who shall not at
the time of his election, have attained the age of
twenty-six years.
Circuits.
SEC. 13. The State shall be divided into convenient
districts, and each district shall contain not
less than three nor more than twelve counties.
Jurisdiction, &c.
SEC. 14. The circuit courts shall have original
jurisdiction in all matters, civil and criminal, within
this State; but in civil cases only when the principal
of the sum in controversy exceeds fifty dollars.
Chancery courts.
SEC. 15. A circuit court shall be held in each
county of this State, at least twice in each year;
and the judges of said court shall interchange
circuits with each other, in such manner as may be
prescribed by law, and shall receive for their services
a compensation to be fixed by law, which shall not
he diminished during their continuance in office.
Jurisdiction.
SEC. 16. A separate superior court of chancery
shall be established, with full jurisdiction in all
matters of equity: Provided, however, The legislature
may give to the 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.
Style of process.
SEC. 17. The style of all process shall be "The
State of Mississippi," and all prosecutions shall be
carried on in the name and by the authority of
"The State of Mississippi," and shall conclude,
"against the peace and dignity of the same."
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Probate court.
Juridiction.
SEC. 18. A court of probates shall be established
in each county of the State, with jurisdiction
in all matters testamentary, and of administration
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
elected by the qualified electors of the respective
counties, for the term of two years.
Clerks.
SEC. 19. The clerk of the high court of errors
and appeals shall be appointed by the said court, for
the term of four years; and the clerks of the
probate and other inferior courts, shall be elected by
the qualified electors of the respective counties, and
shall bold their offices for the term of two years.
Board of Police.
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
county, a majority of whom may transact business;
which body shall have full jurisdiction over roads,
highways, ferries and bridges, and all other matter
of county police; and shall order all county elections,
to fill the vacancies that may occur in the
offices of their respective counties. The clerk of
the court of probate shall be the clerk of the board
of police.
Qualification.
Vacancies
SEC. 21. No person shall be eligible as a member of
said board, who shall not have resided one
year in the county; but this qualification shall not
extend to such new counties as may hereafter be
established, until one year after their organization;
and all vacancies that may occur, in said board
shall be supplied by election as aforesaid to fill the
unexpired term.
Conservators of the peace.
SEC. 22. The judges of all the courts of this
State, and also the members of the board of the
county police, shall in virtue of their offices, be
conservators of the peace, and shall be, by law, vested
with ample powers in this respect.
Constables.
Justices of the peace.
SEC. 23. A competent number of justices of the
peace and constables shall be chosen in each county
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 limited
to causes in Which the principal of the amount
in controversy shall not exceed fifty dollars; in all
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causes tried by justices of the peace, the right of
appeal shall be secured, under such rules and
regulations as shall be prescribed by law.
Inferior.
SEC. 24. The legislature may, from time to time
establish such other inferior courts as may be deemed
necessary, and abolish the same whenever they
deem it expedient.
Attorney-General,
SEC. 25. There shall be an Attorney-General
elected by the qualified electors of the State, and a
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.
Contested elections.
SEC. 26. The legislature shall provide, by law,
for determining contested elections of judges of the
high court of errors and appeals, of the circuit and
probate courts, and other officers.
Judges how removed.
SEC. 21. The judges of the several courts of
this State, for wilful neglect of duty or other reasonable
cause, shall be removed by the governor, on the
address of two-thirds of both houses of the legislature;
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
address, 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.
Officers, indicted.
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 presentment
or indictment by a grand jury, and trial by a
petit jury; and, upon conviction, shall be removed
from office.
ARTICLE V.
EXECUTIVE DEPARTMENT.
Governor, tenure of office.
SEC. 1. The chief executive power of this State
shall be vested in a Governor, who shall hold
his office for two years from the time of his
installation.
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How elected.
Contested election for Governor.
SEC. 2. The Governor shall be elected by the
qualified electors of the State. The returns of every
election for governor shall be sealed up and
transmitted 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 shall be equal, and highest in votes,
then one of them shall be chosen Governor by the
joint ballot of both houses of the legislature.
Contested election for Governor shall be determined
by both houses of the legislature in such manner as
prescribed by law.
Qualifications.
SEC. 3. The Governor shall be at least thirty
years of age, shall have been a citizen of some
one of the States composing the Confederate States
of America, for twenty years, and shall have resided
in this State at least five years next preceding
the day of his election, and shall not be capable
of holding the office more than four years in
any term of six years.
Compensation.
SEC. 4. He shall at all times receive for his services
a compensation, which shall not be increased
or diminished during the term for which he shall be
elected.
Commander-in-Chief.
SEC. 5. He shall be commander-in-chief of the
army and navy of this State, and of the militia,
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 respective
offices.
Governor to convene and adjourn the legislature.
SEC. 7. He may, in cases of emergency, convene
the Legislature at the seat of government, or at a
different place, if that shall have become, since their
last adjournment, dangerous from an enemy or from
disease; and in case of disagreement between the
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.
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Duty of Governor.
SEC. 8. He shall, from time to time, give to the
Legislature information of the state of the government,
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.
Power of Governor.
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
fines, and in cases of forfeiture, to stay the collection
until the end of the next session of the Legislature,
and to remit forfeitures by and with the
advice 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, but may
respite the sentence until the end of the next session
of the Legislature.
Commissions.
SEC. 11. All commissions shall be in the name
and by the authority of the State of Mississippi, be
sealed with the great seal, and signed by the Governor,
and be attested by the Secretary of State.
Seal of the State.
SEC. 12. There shall be a seal of this State,
which shall be kept by the Governor, and used by
him officially, and shall be called the Great Seal of
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.
Secretary of State.
SEC. 14. The Secretary of State shall be elected
by the qualified electors of the State, and shall
continue in office during the term of two years. He shall
keep a fair register of all the official acts and
proceedings 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 maybe required of him by law.
Governor to sign or return bills.
Veto.
SEC. 15. Every bill which shall have passed
both houses of the Legislature, shall be presented to
the Governor: if he approve, he shall sign it, but
if not, he shall return it, with his objections, to the
house in which it shall have originated, which shall
enter the objections at large upon their journals,
and proceed to reconsider it: if, after such
reconsideration, two-thirds of the house shall agree to
pass the bill, it shall be sent, with the objections, to
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the other house, by which it shall likewise be reconsidered:
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 which case it
shall not become a law.
SEC. 16. Every order, resolution or vote to
which the concurrence of both houses may be necessary,
except resolutions for the purpose of obtaining
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
prescribed in the case of a bill.
Office of Governor vacant, &c.
Further provision.
SEC. 17. Whenever the office 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 another
Governor shall be duly qualified; and in case of
the death, resignation, removal from office, or other
disqualification of the president of the Senate, so
exercising the office of Governor, the speaker of the
House of Representatives shall exercise the office
until 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 become
vacant in the recess of the Senate, the person
acting as Secretary of State for the time being,
shall, by proclamation, convene the Senate, that a
president may be chosen to exercise the office of
Governor.
SEC. 18. 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.
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SEC. 19. A sheriff and 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.
Treasurer and Auditor.
SEC. 20. A State Treasurer and Auditor of
Public Accounts shall be elected by the qualified
electors of the State, who shall hold their offices
for the term of two years, unless sooner removed.
MILITIA.
Militia.
SECTION. 1. The Legislature shall provide, by
law, for organizing and disciplining the militia of
this State, in such manner as they may deem expedient,
not incompatible with the Constitution and
the laws of the Confederate States of America in
relation thereto.
Militia officers.
SEC. 2. Commissioned officers of the militia
(staff officers and the officers of volunteer companies
excepted.) shall be elected by the persons liable
to perform military duty, and the qualified electors
within their respective commands, and shall be
commissioned by the Governor.
Powers of Governor to call out militia.
SEC. 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.
ARTICLE VI.
IMPEACHMENTS.
SECTION 1. The House of Representatives shall
have the sole power of impeaching.
Impeachment.
SEC. 2. All impeachments shall be tried by the
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.
Extent of, etc.
SEC. 3. The Governor and all civil officers shall
be liable to impeachment for any misdemeanor in
officer; but judgment in such cases shall not extend
further than to removal from office, and disqualification
to hold any office of honor, trust, or profit
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under the State; but the party convicted shall
nevertheless, be subject to indictment, trial and
punishment, according to law, as in other cases.
ARTICLE VII.
GENERAL PROVISIONS.
Oath of office.
SECTION 1. Members of the Legislature, attorneys
and counsellors at law, and all officers, executive
and judicial, before they enter upon the duties
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 America,
and the Constitution of the State of Mississippi,
so long as I continue a citizen thereof, and that
will faithfully discharge, to the best of my abilities
the duties of the office of ----, according to law
--So help me, God."
Dueling.
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
they enter upon the duties of their respective
offices, to take the following oath or affirmation: "I
do solemnly swear, (or affirm, as the case may be,)
that I have not been engaged in a duel, by sending
or accepting a challenge to fight a duel, or by fighting
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 so engaged during my
continuance in office--So help me, God."
Treason.
SEC. 3. Treason against the State shall consist
only in levying war against it, or in adhering to its
enemies, giving them aid and comfort. No person
shall be convicted of treason, unless on the testimony
of two witnesses to the same overt act, or his
own confession, in open court.
Bribery at elections.
Convicts excluded from office
Suffrage.
SEC. 4. Every person shall be disqualified from
holding an office or place of honor or profit under
the authority of this State, who shall be convicted
of having given or offered any bribe to secure his
election. Laws shall be made to exclude from
office or suffrage those who shall hereafter be
convicted of bribery, forgery, or other high
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crimes or misdemeanors. The privilege of the free
suffrage shall be supported by laws regulating elections,
and prohibiting, under adequate penalties, all
undue influences therein, from power, bribery,
tumult, or other improper conduct.
Atheist.
SEC. 5. No person who denies the being of a
God, or a future state of rewards and punishments,
shall hold any office in the civil department of this
State.
When laws go into effect
SEC. 6. No laws of a general nature, unless
otherwise provided for, shall be enforced until sixty
days after the passage thereof.
Money drawn from treasury.
SEC. 7. No Money shall be drawn from the
treasury, but in consequence of an appropriation
made by law; nor shall any appropriation of money
for the 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 statement and account of the receipts and
expenditures of public moneys shall be published
annually.
State loan
SEC. 9. No law shall ever be passed to raise a
loan of money upon the credit of the State, or to
pledge 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 succeeding
Legislature, and published for three months
previous to the next regular election, in three newspapers
of this State; and unless a majority of each
branch of the Legislature so 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;
Provided, that nothing in this section shall be so
construed as to prevent the Legislature from negotiating
a further loan of one and a half millions of dollars,
and vesting the same in stock reserved to the
State by the charter of the Planters' of the
State of Mississippi.
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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.
Suits against the State.
SEC. 10. The Legislature shall direct, by law,
in what manner, and in what courts, suits may be
brought against the State.
Citiz'ship.
SEC. 11. Absence on business of this State or
of the Confederate States of America, or on a visit,
or necessary private business, shall not cause a
forfeiture of citizenship or residence once obtained.
Deduction from salaries.
SEC. 12. It shall be the duty of the Legislature
to regulate, by law, the cases in which deductions
shall be made from salaries of public officers for
neglect of duty in their official capacity, and the
amount of such deduction.
Who disqualified from office.
SEC. 13. No member of Congress nor any
person holding any office of profit or trust under
the Confederate States, (the office of postmaster
excepted,) or any other State of the Confederacy,
or under any foreign power, shall hold or exercise
any office of trust or profit under this State.
Schools and education.
SEC. 14. Religion, morality and knowledge, being
necessary to good government, the preservation
of liberty and the happiness of mankind, schools and
the means of education shall forever be encouraged
in this State.
Divorces.
SEC. 15. Divorces from the bonds of matrimony
shall not be granted but in cases provided for
by law, by suit in chancery.
Election returns.
SEC. 16. Returns of all elections by the people
shall be made to the Secretary of State, in such
manner as may be prescribed by law.
Counties, new.
SEC. 17. No new county shall be established
by the legislature, which shall reduce the county or
counties, or either of them, from which it may be
taken, to less contents than five hundred and sixty-six
square miles; nor shall any new county be laid
off of less contents.
Indians.
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
Choctaw and Chickasaw tribes of Indians as shall
choose to remain in this State, upon such terms as
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the Legislature may from time to time deem
proper.
SLAVES.
Emancipation of how made
Slaves convicted of crimes.
Treatme't of slaves.
SECTION 1. The Legislature shall have no power
to pass laws for the emancipation of slaves without
he consent of their owners, unless where the
slave shall have rendered to the State some distinguished
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 the laws of any one of the
United States, so long as any person of the same
age or description shall be continued in slavery by
the laws of this State; Provided, that such person
or slave be the bona fide property of such
emigrants; and provided, also, that laws may be passed
to prohibit the introduction into this State of slaves
who may have committed high crimes in other
States. They shall have power to pass laws to
permit the owners of slaves to emancipate them,
saving the 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
their neglect or refusal to comply with the directions
of such laws, to have such slave or slaves sold
for the benefit of the owner or owners.
Slaves as merchandize.
SEC. 2. The introduction of slaves into this
State as merchandize, or for sale, shall be prohibited
from and after the first day of May, eighteen
hundred and fifty-three; Provided, that the actual
settler or settlers shall not be prohibited from
purchasing 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.
Prosecution of slaves.
SEC. 3. In the prosecution of slaves for crimes
of which the punishment is not capital, no inquest
by a grand jury shall be necessary; but the
proceedings in such cases shall be regulated by law.
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MODE OF REVISING THE CONSTITUTION.
Constitution, how revised.
Whenever two-thirds of each branch of the
legislature shall deem any change, alteration or amendment
necessary to this constitution, such proposed
change, alteration or amendment shall be read and
passed by a majority of two-thirds of each house
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 amendment,
then it shall be inserted, by the next succeeding
legislature, as a part of this constitution, and
not otherwise.
SCHEDULE.
Rights vested.
SECTION 1. All rights vested, and all liabilities
incurred, shall remain the same as if this constitution
had not been adopted.
SEC. 2. All suits at law or in equity, now pending
in the several courts of this State, may be
transferred to such courts as may have proper
jurisdiction thereof.
Officers, &c.
SEC. 3. The Governor, and all officers, civil
and military, now holding commissions under the
authority of this State, shall continue to hold and
exercise their respective offices until they shall be
superseded pursuant to the provisions of this
constitution, and until their successors be duly
qualified.
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 limitation,
or be altered or repealed by 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 eause an
election to be held on the first Monday and day
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following 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 shall convene
at the seat of government on the first Monday. in
January eighteen hundred and thirty-three; and
shall, at their first session, order an election to be
hold in every county of this State, on the first Monday
of May and day following, eighteen hundred
and thirty-three, for all state and county officers
under this constitution, (members of the Legislature
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 long officers first elected to continue in office.
SEC. 6. Until the first enumeration shall be
made, as directed by this Constitution, the
apportionment of senators and representatives among
the several districts and counties in this State,
shall remain as at present fixed by law.
P. RUTILUS R. PRAY,
President of the Convention, and
Representative from the county of Hancock:
ATTEST:
JOHN H. MALLORY, Secretary.
AMENDMENTS TO THE CONSTITUTION.
SLAVES.
The Legislature shall have, and are hereby vested
with power to pass such laws regulating or
prohibiting the introduction of slaves into this State,
as may be deemed proper and expedient.
Adopted, February 2d, 1846.
Page 73
BOARD OF POLICE.
The qualified electors of each county 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 elections
to fill vacancies that may occur in the offices
of their respective counties.
The clerk of the Court of Probate shall be clerk
of the Boards of County Police.
Adopted, March 12th, 1852.
CHANCERY COURT.
Chancery Courts, with full jurisdiction in matters
of equity, shall be held. in each judicial district
by the circuit judge thereof, at such time and place
as may be directed by law. The Superior Court
of Chancery, and the 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 now
depending therein. The Legislature shall provide
by law for the preservation of the records or the
said Superior Courts of Chancery and of said
Vice-Chancery Courts, and also for the transfer of all
causes, that may remain undetermined therein, to
other courts, for final decision.
Adopted, February, 6th, 1856.
TENURE OF PUBLIC OFFICERS.
All public officers in this State, Legislative,
Executive 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
their offices until the first Monday of January next
following the expiration of said terms, and until
their successor shall be qualified; Provided, such
of said officers as are required to give bond for the
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discharge of their duties, shall give bond and security
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 subsequent
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 Legislature,
except for officers and senators entitled to
hold over after November, 1857, who shall
continue 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
especially convoked by the Governor at other times.
The Governor's official term shall commence on the
third Monday of November, and that of the Secretary
of State, Auditor of Public Accounts, State
Treasurer and Attorney General, on the first Monday
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 thereafter,
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
Monday of January next after this election; but all
such officers elected in 1855, or previously, whose
official terms, in, the absence of this provision,
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would 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
ordained 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 be made, and may fix the
time for the commencement of its biennial sessions.
Be it ordained and declared, and it is hereby
ordained and declared, That if any part of the present
Constitution of the State of Mississippi shall
be in conflict with any ordinance passed by this
Convention, such 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.
Page 77
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 Montgomery,
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
Mississippi, acting in its sovereign and independent
character, and the State of Mississippi hereby
accedes to and becomes a member of the Confederacy
provided for in said Constitution.
Adopted, March 29, 1861.
Page 78
CHAPTER II.
AN ORDINANCE appointing A. M. Clayton, W. S. Barry,
J. A. P. Campbell, W. Brooke, W. P. Harris and James
T. Harrison, representatives or delegates from this State,
in the Provisional Congress of the Confederate States of
America.
WHEREAS. The Congress contemplated in the
resolutions of this Convention, adopted January
26th, 1861, was not created under the Provisional
Constitution of the Confederate States; And
Whereas, it is desirable to conform the action of
this Convention to the provisions of the said
provisional Constitution; Therefore,
SECTION 1. Be it ordained by the people of the
State of Mississippi in Convention assembled, That
A. M. Clayton, W. S. Barry, J. A. P. Campbell,
W. Brooke, W. P. Harris and Jas. T. Harrison,
be, and they are hereby appointed representatives
or delegates from this State, in the Provisional
Congress of the Confederate States of America.
SEC. 2. Be it further ordained, That this
Convention now proceed to the election of another
delegate or representative from this State to said
Provisional Congress, and that said election be
conducted by ballot.
SEC. 3. Be it further ordained, That we cordially
approve and endorse the action of our delegates
at Montgomery.
Passed Convention, March 30, 1861.
CHAPTER III.
AN ORDINANCE in relation to lands in the State of
Mississippi belonging to Indian Orphans.
SECTION 1 . Be it enacted by the people of
Mississippi in Convention assembled, That all lands
situate in this State, which by treaty stipulations,
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or otherwise, belongs to Indians, especially those
lands reserved to the Orphans of the Chickasaw
or Choctaw tribes of Indians, shall be sold by
the rigister and receiver of the Land office, at the
city of Jackson, on the same terms, and in the same
manner they were sold prior to the Ordinance of
Secession, passed by the Convention of this State,
on January the 9th, 1861.
SEC. 2. Be it further ordained, That the
proceeds of such sales shall be paid by the receiver of
the land office into the State Treasury, and it shall
be the duty of the treasurer of the State to keep
an accurate account of the amounts so received, and
not appropriate or pay the same upon any demand
against the State, but safely keep the same until
legislation is had upon the subject by the legislature
of the State of Mississippi, or the Congress
of the Confederate States.
SEC. 3. Be it further ordained, That the
Convention of the State of Mississippi desire that the
Congress of the Confederate States shall control
the funds arising from the sales aforesaid, in trust
for said Indians, and make such settlement with
them in relation thereto, and the government of
the United States of America, as shall be equitable
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 Resolutions
adopted by this Convention.
SECTION 1. Be it ordained by the people 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 bad been passed by that body, except the
following, to-wit "An ordinance entitled an ordinance
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to dissolve the union between the State of
Mississippi, and the other States united with her
under a compact entitled, "the Constitution of the
United States of America," adopted, on the 9th
day of January, A. D. 1861," and "an Ordinance
entitled, an Ordinance to adopt and ratify the
Constitution, adopted at Montgomery, Alabama, A. D.
1861, adopted on the 29th day of March, A. D. 1861,"
and an ordinance entitled "an Ordinance to amend
the Constitution of the State of Mississippi in
certain particulars, adopted on the 26th day of
January, A. D. 1861," and also an ordinance
entitled "an Ordinance to amend the Constitution of
the State of Mississippi in several particulars,"
adopted on the 30th day of March, A. D. 1861,
and so much of an ordinance adopted on the 26th
day of January, A. D. 1861, entitled an ordinance
to raise means for the defense of the State, as is
therein declared to be irrepealable.
Adopted March 30, 1861.
CHAPTER V.
AN ORDINANCE for the relief or certain Counties of this
State.
WHEREAS, It has been brought to the knowledge
of this Convention that in consequence of the
protracted and destructive drouth of the last
summer, there was almost a total failure of the
grain crop in several of the counties of this
State, and the inhabitants of such counties cannot
provide themselves with necessary supplies
of food until another crop shall mature: Therefore,
in order to afford the required relief to the
citizens of this State who may be involved in
this misfortune and destitution.
Duty of Boards of Police.
SEC. 1. Be it ordained by the people of Mississippi
in Convention assembled, That the Boards of
Police of the several counties in this State, referred
to in the foregoing preamble, shall have full
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power and authority to employ any funds belonging
to such counties that may be in said county
treasuries respectively, in the purchase and
procurement of corn, or such other necessary articles
of food as the inhabitants of such counties may
require, and if the monies go appropriated, shall
belong, to the school, or other trust fund of the
county, the Board of Police of such county shall
make provision for the re-payment of the same into
the county treasury, within the period of three
years, by a special tax to be levied by such Board
of Police for that purpose.
County Warrants when to be issued.
Auditor may issue warrant.
SEC. 2. Be it further ordained, That when there
are no funds of the county to be used as above
provided, the Board of Police of any county
requiring supplies of food as aforesaid, shall have
power and authority to issue county warrants, for
such an amount as the exigencies of the inhabitants
of such county may render necessary, which
warrants shall be made payable to the State of
Mississippi, within one year after the date of the
same, and shall bear interest at the rate of ten per
cent. per annum from their date; and upon
depositing such warrant or warrants with the auditor
of public accounts of this State, accompanied by a
written certificate or declaration of the Board of
Police issuing the same, and verified by the official
seal of such Board of Police, that such warrant or
warrants are issued only for the purpose of
procuring food necessary for the relief of the inhabitants
of such county, and that the proceeds thereof
shall be faithfully so applied, it shall be the duty of
the auditor to issue his warrant upon the State treasury,
in favour of the Board of Police of such county,
for the amount of the county warrants so
deposited with him to be paid out of any funds in
the treasury, not otherwise appropriated; and such
warrants issued by the auditor of public accounts
shall be received in the payment of taxes due the
State, and may be redeemed by the sheriff of any
county having tax funds in his hands belonging to
the State, or received in payment of treasury notes
issued under a former ordinance of this Convention;
Provided, the auditor shall not issue warrants
in favour of the Board of Police, of any one
Page 82
county for an amount, exceeding the sum of three
thousand dollars ($3000) until after the 15th day
of May next; that each county intended to be
relieved by this ordinance, may obtain the benefit of
its provisions, nor shall the aggregate amount of
all the warrants issued by the auditor as herein
provided, exceed the sum of one hundred thousand
($100,000) dollars.
Special tax how levied.
SEC. 3. Be it further ordained, That it shall
be the duty of the Board of Police of each county
availing itself of the provisions of this ordinance,
to levy a special tax sufficient to redeem and
discharge the county warrants issued by such Board
of Police, and deposited with the auditor of public
accounts, as herein provided; and upon the maturity
of said warrants it shall be the duty of such
Board of Police to pay to the auditor the amount
due thereon, and be shall keep an account of the
number and description of the county warrants so
deposited with him and of the monies received by
him, in redemption thereof, and shall pay over the
same into the State treasury.
Adopted March 30, 1861.
CHAPTER VI.
RESOLUTIONS in relation to the Secretary of the Convention.
Resolved, That E. P. Russell, Secretary of the
Convention, be allowed the sum of fifty dollars for
services rendered, 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 further, That he be allowed three extra
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
Page 83
appropriated, on the warrant of the auditor of
public accounts.
Adopted March 29, 1861.
CHAPTER VII.
A RESOLUTION authoring the Auditor of Public
Accounts to issue duplicate warrants to W. T. Huggins and
Thos. M. Blackwell.
Resolved, by the Convention of Mississippi, That
the auditor of public accounts be authorized to
issue duplicate warrants to W. T. Huggins, assessor
of the county of Chickasaw, for a sum not to
exceed two hundred dollars, issued on the----
day of----, 1860, and to Thos. M. Blackwell,
clerk of the Circuit Court of said county,
for a sum not to exceed two hundred dollars, issued
on the ---- day of ----, 1860, upon their
entering into bond and security to the State of
Mississippi, respectively, in double the amount of
said sums, the bonds to be approved by the auditor
to secure the State against all losses in the premises.
Adopted March 30, 1860.
CHAPTER VIII.
RESOLUTION in relation to the State of Mississippi
subscribing for five hundred copies of the proceedings, debates,
&c., as published by J. L. Power.
Resolved, by the people of the State of Mississippi,
in Convention assembled, That the State of
Mississippi hereby subscribes for five hundred
copies of the Proceedings, Debates, &c., of the
first session of this Convention, as published by
J. L. Power: Provided, That he add thereto the
Page 84
proceedings, ordinances, &c. of this session, and
the debates in full on the ratification of the
Permanent Constitution of the Confederate States of
America: And provided further, That the cost
of each volume shall not exceed one dollar and
fifty cents; and when the said work is published,
one copy shall be sent to each member of this
Convention, and the balance to be delivered to the
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 on the certificate
of the Secretary of the State that the terms
of this resolution have been complied with, the
auditor shall issue his warrant in behalf of the
said J. L. Power.
Adopted March 30, 1861.
CHAPTER IX.
RESOLUTION authorizing the President of the Convention
to issue Certificates in favor of Samuel Benton,
H. W. Walton, James R. Chalmers, and Israel Welsh.
Resolved, by the people of Mississippi in
Convention assembled, That the President of the
Convention be and is hereby instructed upon the final
adjournment of this body to issue certificates in
favor of Hons. H. W. Walter, Samuel Benton,
James, R. Chalmers, and Israel Welsh, for such
sums respectively as their mileage and per diem
during the present called session would amount
to, they being delegates to this Convention whose
absence is occasioned by their response to the call
of the State Executive for volunteer troops to be
placed at the disposal of the government of the
Confederate States.
Adopted March 29, 1861.
CHAPTER X.
RESOLUTIONS in relation to the Mississippi Volunteers.
1st. Resolved, by the people of Mississippi in
Page 85
Convention assembled, That the prompt response
of the gallant Mississippi Volunteers to the call of
the President of the Confederate States, deserves
the highest commendation of the Convention,
and gives the strongest assurance of attachment of
the people of Mississippi to the common cause.
2d. Resolved, That the Convention deems it
proper to convey to the volunteers the assurance
that Mississippi will promptly attach herself to
the Confederacy to whose. standard her citizen
soldiers are rallying.
3rd. Resolved, That. the President of this
Convention telegraph these resolutions to the officers
in command of the volunteers at Mobile, and
request him to eause them to be read at the heads of
companies.
Adopted March 28, 1861.
CHAPTER XI.
A RESOLUTION in relation to the publication of the
Journals and Ordinances of the present cession of the
Convention.
Resolved, by the State Mississippi in Convention
assembled, That the provisions of an ordinance
adopted January 26, 1861, for publication of the
Ordinances and Journals, shall be applied to the
publication of the Journals and Ordinances of this
cession.
Adopted March 30, 1861.
CHAPTER XII.
AN ORDINANCE in reference to the Marine Hospital at
Vicksburg.
SEC. 1. Be it ordained by the people of Mississippi
in Convention assembled, That the Marine
Hospital at the City of Vicksburg, be and the same
Page 86
same is hereby tendered to the Government of the
Confederate States, to be applied to the purpose for
which it was erected, and that the Governor be
authorized to make, or cause to be made such deed of
transfer and assignment as may be necessary so
soon as the Government aforesaid shall signify to
him its acceptance of said building and premises.
Adopted March 30, 1861.
CHAPTER XIII.
AN ORDINANCE to provide a Coat of Arms and Flag for
the State of Mississippi.
SEC. 1. Be it ordained by the people of Mississippi
in Convention assembled, That the Governor
of this State be authorized and requested to have
prepared a Coat of Arms and Flag for this State,
according to the recommendations of the report
of the special committee having charge of those
matters, made to the late session of this body,
except that the design representing the Eagle, the
nest of eaglets, and serpent be omitted, and he
shall cause said Coat of Arms to be engraved as
the seal of this State, to be used in all cases when
said seal is necessary, but this ordinance shall not
render illegal or invalid the use of such seals as
may be now used by any County or State officer in
verifying his official act.
Adopted March 30, 1861.
CHAPTER XIV.
RESOLUTION in relation to the Organization of the
Permanent Government under the Constitution of the
Confederate States.
Resolved, by the people of Mississippi in
Convention assembled, That it is the sense of this
Page 87
Convention that the Government under the
Permanent Constitution of the Confederate 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 indicated by this resolution upon
that body.
Adopted March 30, 1861.
CHAPTER XV.
A RESOLUTION in relation to certain Volunteer
Companies therein named.
Resolved, by the people of the State of
Mississippi in Convention assembled, That the
officers and private soldiery of the following named
volunteer companies; Chickasaw Guards,
commanded by Capt. Tucker; Columbus Riflemen,
commanded by Capt. Baldwin; Lowndes Southrons,
commanded by Capt. George Lipscomb;
Prairie Guards, commanded by Capt. J. T. W.
Hairston; Noxnbee Rifles, commanded by Capt.
Weir; Quitman Light Infantry, commanded by
Capt. Duck; Enterprize Guards, commanded by
Capt. John W. O'Ferrell; Lauderdale Rifles,
commanded by Capt. Constantine Rea; and Col. C.
H. Abert, Lieut. W. B. Wade, Major S. F. Butler,
Quarter-Master Wm. H. Brown, and Commissary
Charles F. Moreton, be allowed one month's
pay at the rate which is now allowed by law for
officers and private soldiers in active service, for
their services at Pensacola; and that the captains
of the above mentioned companies are authorized
to draw the pay for their respective companies,
and that the auditor of public accounts issue his
warrants for the same, payable out of the Military
Fund.
Adopted March 25, 1861.
Page 88
CHAPTER XVI.
AN ORDINANCE to authorize the entry and sale of waste
and unappropriated lands in the State of Mississippi.
SEC. 1. Be it ordained by the people of the
State of Mississippi in Convention assembled, That
so much of the ordinance adopted by this Convention
on the twenty-sixth, day of January, A. D.
1861, suspending the sale and entry of waste and
unappropriated lands in this State, formerly held
by the United States, be and the same is hereby
repealed.
Registers and Receivers, duty of.
SEC. 2. Be it further ordained, That the
Registers and Receivers of the several Land Offices
in this State, be and are hereby required and
authorized to perform all the duties relating to the
sale and entry of said lands in the name of the State
of Mississippi, according to the rules and regulations
heretofore existing under the laws of the United
States, so far as the same is applicable: Provided,
that this ordinance shall be held to offer said lands
for sale and entry without any other offer or
proclamation for that purpose; and shall authorize
the sale and entry of said lands, according to the
laws, rules and regulations of the United States in
force on January 9th, 1861.
Of returns.
SEC. 3. Be it further ordained, That all returns
and reports of the registers and receivers of
the Land Offices in this State, required to be made
by the laws of the United States in force on the
9th day of January, 1861, to any office, bureau, or
department of the government of said United
States, shall hereafter be made by them to the
Secretary of State of the State of Mississippi.
Bond required.
SEC. 4. Be it further ordained, That the registers
and receivers of said land offices shall
immediately, before they shall be authorized to act
under this ordinance, execute a bond with sufficient
security in a penalty $ ,to be approved
by the Governor, payable to the State of Mississippi,
conditioned that they will faithfully discharge
all their duties according to law, and pay
over all monies that may come to their hands, by
virtue of their offices, to the treasury of the State
Page 89
of Mississippi, at such times as shall be required
by law.
Money when paid over.
SEC. 5. Be it further ordained, That it shall
be the duty of the receivers of said land offices to
pay over all monies that may come to their hands,
by virtue of their said offices, to the State Treasurer
of the State of Mississippi, quarterly, on the
first day of January, April, July, and October in
each year.
Live Oak timber.
SEC. 6. Be it further ordained, That all live
oak timber upon the aforesaid lands, be and the
same are hereby reserved from sale, and all such
timber is hereby donated and appropriated to the
Government of the Confederate States of America,
for the purpose of ship-building, and said
Government is hereby authorized and empowered to
enter on any of said lands, and cut and carry off
said timber, either before or after the sale, of said
lands.
SEC. 7. Be it further ordained, That this ordinance
shall not go into effect until the Constitution
of the Confederate States of America shall be
ratified by this State, and at least four other States;
and this ordinance shall also be subject to repeal,
alteration or amendment, by the Legislature.
U. S. Warrants may be used.
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,
1861, and who was at that time the bona fide
holder in his own right of any land warrants issued
by the Government of the United States, to
use such 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 in
force: Provided, That before any such land warrants
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 warrant
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 citizen
of State to whom any such land warrants
Page 90
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.
Of vacancies.
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
appointment of the Governor, by and with the
consent 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
succeeding session of the Senate, unless confirmed by
that body.
Adopted March 28, 1861.
CHAPTER XVII.
AN ORDINANCE to revise and amend the law in relation
to Foreign Insurance Companies.
SEC. 1. Be it ordained by the people of Mississippi
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 Insurance 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
mentioned, and furnishing evidence to the satisfaction
of the auditor, that such Company is possessed of
Page 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 President,
and furnishing him with certificates or other
satisfactory evidence of such investment as aforesaid,
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 provisions
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 abolished
by the Legislature.
SEC. 3. Be it further ordained, That this ordinance
and the act to which this is an amendment,
shall not be so construed as to apply to Life Insurance
Companies.
SEC. 4. Be it further ordained, That this ordinance
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 Mississippi, in Convention assembled, That
whenever an election for President and Vice President
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 election for nine electors, to be chosen
by the qualified voters of this State at the time
Page 92
designated by law, who when elected, shall cast the
vote of this State for such President and Vice President
of the Confederate States of America.
SEC. 2. Be it further ordained, That said election
shall be conducted in all things according to
the laws now in force in regard to elections.
Passed Convention, March 30th, 1861.
CHAPTER XIX
AN ORDINANCE to alter and modify the Ordinance,
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 assembled,
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 the United States of
America, passed, January 17th, 1861, as vests the
title to fortifications, 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
Constitution thereof.
Adopted, March 30th, 1861.
Page 93
CHAPTER XXI.
AN ORDINANCE supplemental to an Ordinance, entitled,
an Ordinance to raise means for the defense of the
State," adopted the 26th day of January, A. D. 1861.
The people of the State of Mississippi in Convention
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 in their respective county
treasuries to be paid to the proper tax collector in
or towards the discharge of the tax of fifty per
centum, levied by said Ordinance, as authorized in
the last proviso in the first section of said Ordinance,
allow to said tax collectors for the insolvencies
which may be allowed in the regular State tax;
and, also, such commissions for the benefit of the
counties respectively, as would have been allowed
to said tax collectors, had they collected, the said
tax of fifty per centum from the people, so that
such counties shall only pay into the State Treasury,
on account of the Military fund, the amount
that they would have 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.
AN 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 warrant
Page 94
on the State Treasury for the following
accounts, to be paid out of any money in the
Treasury 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 Convention, 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
stationery, 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
expenses incident to the concentration of Mississippi
forces at Pensacola, during the month of January,
1861; To the South Western Telegraph Company,
David Flannery, agent, the sum of eighteen
dollars and seventy-five cents, ($18 75) amount due
for telegraphing under direction of the
Convention; 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 into the service of
said Confederacy, so many of the said Volunteers
Page 95
heretofore enlisted, or who may be hereafter enlisted
under "an Ordinance to regulate the Military
System of the State of Mississippi," adopted, January
23d, 1861, as may be necessary to answer such
requisition. Provided, That the period of such
service shall not exceed the period of their
original enlistment, and that the Governor shall
determine 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.
Page 97
INDEX TO JOURNAL.
- ABSENCE--leave of granted to Messrs. Backstrom,
Bullard and Denson . . . . . 40
- of J. L. Alcorn . . . . . 45
- ADJOURNMENT--sine 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 committee . . . . . 26, 30
- CONSTITUTION--of the Confederate States . . . . . 5 to 20
- ELECTION--of Secretary . . . . . 4, 24
- of delegate to Montgomery to fill
vacancy by resignation of W. S. Wilson . . . . . 46
- JOHNSTON, J. S.--resignation of seat in
Convention . . . . . 25
- MESSAGE--from the Governor . . . . . 31
- ORDINANCE--by Mr. Clayton of Lowndes, to
provide for the ratification of a constitution of the Confederate States
by the people . . . . . 21
- by Mr. Yerger,--do, do, do . . . . . 21, 34
- by Mr. Glenn, to ratify by this convention . . . . . 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, 33
- 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 . . . . . 28
- in relation to Judgments and Decrees . . . . . 30, 41
Page 98
- ORDINANCE--supplemental to raise means for
defense of the State . . . . . 32
- Mr. Rogers' substitute to ratify permanent
constitution . . . . . 35
- to suspend action for collection of
certain debts . . . . . 38
- in relation to lands of Indian
orphans . . . . . 39
- to confer certain powers in the
legislature . . . . . 39
- to amend State Constitution . . . . . 39
- in relation to Hospital at Vicksburg . . . . . 40
- to amend to regulate Military
System 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 Congress
of Confederate States . . . . . 43
- to provide a Coat of Arms and Flag
for State . . . . . 43
- to define power of legislature . . . . . 44, 45
- making certain appropriations . . . . . 45
- supplemental to raise means for
defense of State . . . . . 45
- authorizing Governor to tender
volunteers to Confederate States . . . . . 46
- RESOLUTIONS--in relation to transfer of
volunteers . . . . . 21, 22
- in relation to pay of volunteers at
Pensacola . . . . . 21
- instructing committee on Confederate
Constitution to report ordinance
of ratification . . . . . 21, 22
- referring the Permanent
Constitution to the people . . . . . 22
- authorizing the raising of a
Confederate Flag . . . . . 21
- defining the hour to take a vote on
the Permanent Constitution of
Confederate State, . . . . . 27, 28, 30
Page 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, 37
- 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 Congressional Districts . . . . . 37
- in favor of E. P. Russell . . . . . 39
- requiring all officers to take oath
to support constitution of
Confederate States . . . . . 39
- in relation to publishing to
Convention proceedings . . . . . 42
- in relation to immediate adoption
of Permanent Constitution of
Confederate States . . . . . 44
- in relation to lithographing and
photographing State Seal . . . . . 44
- authorizing auditor to issue duplicate
warrants to certain persons . . . . . 46
- of thanks to W. S. Barry . . . . . 46
- in relation to publication of ordinances,
&c. of this Convention . . . . . 46
- 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 of committee on permanent constitution . . . . .
24
- of committee on Enrolled Ordinances, . . . . . 27,
30, 36,
40,47.
- of committee on waste and unappropriated
lands . . . . . 28
- of committee for relief of poor . . . . . 38
- of committee on State Constitution . . . . . 40
- STATE SEAL--communication of M. L. Carlisle, in
relation to photographing and lithographing seal . . . . . 42, 44
- WILSON, W. S.--resignation of seat in Confederate
Congress . . . . . 25
- YEAS & NAYS--23,
33, 34, 35, 37, 41,
45.
Page 100
INDEX TO ORDINANCES.
- CONSTITUTION--bill of rights, equality of rights,
political power, and right to change gover'nt . . . . . 49
- religious worship free to all . . . . . 50
- no reference given . . . . . 50
- truth to be given in evidence, . . . . . 50
- security of person, &c., 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,
distribution of powers . . . . . 52
- one department to infringe the powers of
another, legislative department . . . . . 53
- qualified electors . . . . . 53
- electors free from arrest . . . . . 54
- first election by ballot, others regulated by law . . . . . 54
- legislative how vested and style of laws . . . . . 54
- members of, how chosen, when chosen, qualifications,
elections where held . . . . . 54
- cities, &c., when entitled to separate
representation . . . . . 54
- enumeration and apportionment . . . . . 55
- the number of representatives, etc. . . . . . 55
- senators how apportioned--senators how chosen
when two or more counties,--senators
qualifications . . . . . 55
Page 101
- CONSTITUTION--officers of senate and house of
representatives . . . . . 55
- quorum, power to send for absentees . . . . . 55
- power to expel, make rules, &c. . . . . . 55
- journals and right to call yeas and nays by three
members . . . . . 56
- vacancies in either house how filled . . . . . 56
- senators and representatives free of arrest . . . . . 56
- power to punish persons not members, etc. . . . . . 57
- doors of each house to be kept open, except, &c. . . . . . 57
- adjournment, bills how originated, etc. . . . . . 57
- compensation of members . . . . . 57
- eligibility of members to offices created . . . . . 57
- officers of this State and the Confederate States
not eligible . . . . . 58
- defaulters not eligible . . . . . 58
- first election for senators and representatives,
seat of government . . . . . 58
- residence of public officers . . . . . 58
- judicial department, power where vested . . . . . 58
- High Court of Errors and Appeals how elected,
term of office, jurisdiction . . . . . 59
- vacancies how filled, qualification of judges,
court where held . . . . . 59
- first election terms fixed by lot . . . . . 59
- where judges disqualified to try, and others
appointed in such case . . . . . 59
- salaries of judges of high court . . . . . 60
- circuit court judge how elected, term, &c. . . . . . 60
- qualifications, circuits, jurisdiction . . . . . 60
- courts where and how often hold . . . . . 60
- judges to interchange circuits, compensation . . . . . 60
- chancery court, jurisdiction, style of process, &c. . . . . . 60
- court of probates, jurisdiction, how elected . . . . . 61
- clerks of courts, how appointed . . . . . 61
- board of police, jurisdiction, clerks . . . . . 61
- qualification of members of police, vacancies . . . . . 61
- conservators of the peace . . . . . 61
- justices, constables, manner of election, tenure
of office, etc. . . . . . 61
- power of legislature over inferior courts . . . . . 62
- attorney-general, contested elections . . . . . 62
- removal of judges, officers indictable . . . . . 62
- executive, term of office, how elected . . . . . 63
- in case of tie, contested election . . . . . 63
Page 102
- CONSTITUTION--commander-in-chief . . . . . 63
- may require information of officers . . . . . 63
- may convene and adjourn legislature . . . . . 63
- governor to give information to legislature . . . . . 64
- see laws executed, pardon offences, &c. . . . . . 64
- commission how issued, seal of State . . . . . 64
- vacancies how filled . . . . . 65
- Secretary of State how chosen . . . . . 64
- Governor to sign bills or return with objection . . . . . 65
- bills returned how disposed of . . . . . 65
- what action of the legislature to be approved
by the governor . . . . . 65
- when office of governor vacant who to act,
further provisions for same . . . . . 65
- compensation of acting governor . . . . . 65
- county officers . . . . . 65
- treasurer and auditor how chosen . . . . . 66
- militia officers, how elected, power of governor
over . . . . . 66
- impeachment, extent of, who liable to . . . . . 66
- general provisions, oath of office . . . . . 67
- legislature pass laws to prevent duelling . . . . . 67
- treason, convictions for, how had . . . . . 67
- bribery at elections punishable . . . . . 67
- convicts for bribery to be excluded from office . . . . . 67
- free suffrage how maintained . . . . . 67
- atheist not to hold office . . . . . 68
- laws when to take effect . . . . . 68
- money, how drawn from the treasury . . . . . 68
- how appropriated to internal improvement . . . . . 68
- State loans how effected . . . . . 68
- legislature to authorize State to be sued . . . . . 69
- citizenship, absence from State . . . . . 69
- deductions from salaries or officers, &c. . . . . . 69
- who disqualified from office . . . . . 69
- schools and education . . . . . 69
- divorces, how obtained . . . . . 69
- election returns, new counties . . . . . 69
- Indians admitted to citizenship . . . . . 69
- emancipation . . . . . 70
- emigrants may bring slaves with them . . . . . 70
- slaves convicted of crime not to be imported . . . . . 70
- laws may be passed for the treatment of slaves . . . . . 70
- laws may regulate introduction of slaves . . . . . 70
- certain crimes in slaves how tried . . . . . 70
Page 103
- CONSTITUTION--constitution how revised,
amended, &c. . . . . . 71
- schedule, rights vested . . . . . 71
- suits in law and equity, how transferred . . . . . 71
- laws in force . . . . . 71
- first election under this constitution . . . . . 71
- how long officers first elected to office . . . . . 72
AMENDMENTS.
- regulating the introduction of slaves . . . . . 72
- board of police, how constituted . . . . . 73
- powers of board of police . . . . . 73
- chancery jurisdiction, its powers transferred . . . . . 73
- extension of term of office . . . . . 73
- additional bond required . . . . . 73
- time of holding general election . . . . . 74
- in relation to terms of office of members of the
legislature . . . . . 75
- amendments by the State Convention . . . . . 75
- ORDINANCES--to adopt and ratify the Constitution
adopted by the Convention at Montgomery,
Alabama . . . . . 76
- appointing representatives in the Provisional
Congress of the Confederate States . . . . . 78
- in relation to lands in the State of Mississippi
belonging to Indian orphans . . . . . 78
- to define the power of the legislature of this
State, in relation to the ordinances and
resolutions adopted by this Convention . . . . . 79
- for the relief of certain counties of this State . . . . . 80
- in relation to the Secretary of the Convention . . . . . 82
- to authorize the Governor of the State of
Mississippi to transfer volunteers to the service
of the Confederate States . . . . . 82
- in relation to Marine Hospital at Vicksburg . . . . . 85
- to provide a Coat of Arms and Flag for the
State of Mississippi . . . . . 86
- to authorize the entry and sale of waste and
unappropriated lands in the State of Mississippi . . . . . 88
- to revise and amend the law in relation to
Foreign Insurance companies . . . . . 90
- to provide for the appointment of electors for
President and Vice President of the
Confederate States of America . . . . . 91
Page 104
- ORDINANCES--to alter and modify the ordinance,
entitled, "an ordinance concerning the jurisdiction
and property of the United States of
America, in the State of Mississippi." . . . . . 92
- supplemental to an ordinance, entitled an
ordinance to raise means for the defense of the
State," adopted the 26th day of January,
A. D. 1861 . . . . . 93
- making certain appropriations therein named . . . . . 93
- RESOLUTION--in relation to the organization of the
Permanent Government under the Constitution
of the Confederate States . . . . . 86
- authorizing the President of the Convention to
issue certificates in favor of Samuel Benton,
H. W. Walton, James R. Chalmers, and
Israel Welsh . . . . . 84
- in relation to the State of Mississippi subscribing
for five hundred copies of the proceedings,
debates, &c., as published by J. L.
Power . . . . . 83
- in relation to the Mississippi volunteers . . . . . 84
- in relation to the publication of the Journals
and Ordinances of the present cession of the
convention . . . . . 85
- in relation to certain volunteer companies
therein named . . . . . 94
- authorizing the Auditor of Public Accounts to
issue duplicate warrants to W. T. Huggins
Thos. M. Blackwell . . . . . 83
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