Mr. Tison moved that the Convention go into a new election, and put in nomination W. W. Humphreys, of Columbus.

Mr. Brooke nominated Mr. E. P. Russell, of Jackson.

On motion of Mr. Dyer, the election was postponed until to-morrow.

The President presented to the Convention the following communication from the Hon. Howell Cobb, President of the Convention of the Confederate States:

On motion of Mr. Harris, the Constitution accompanying the communication was referred to a select committee of five, and two hundred copies ordered to be printed for the use of the Convention.

The President appointed as said committee Messrs. Glenn, Yerger, George, Jones and O. Davis.

Mr. Smart offered the following resolution:

Resolved, That the Military Board be and they are hereby authorized and empowered to transfer to the government of the Confederate States such of the Volunteer companies of this State as may be willing and consent to volunteer and enlist in the service of that government on the terms prescribed by it; and that such volunteers, without reference to the regimental districts defined by the Military Ordinance, shall be formed into battalions or regiments, and elect the field officers for such organizations.

On his motion the resolution was referred to the Military committee.

Mr. Rogers introduced a resolution in relation to the pay of certain military companies therein named for their services at Pensacola.

On his motion, the resolution was adopted.

Mr. George offered the following resolution:

Resolved, That the special committee of five, to whom was referred the Permanent Constitution for the Confederate States of America, be instructed to report to this Convention at 10 o'clock to-morrow morning, an ordinance providing for the ratification of said Constitution by this body on behalf of the State of Mississippi.

Mr. Clayton, of Lowndes, offered “An Ordinance to provide for the election of delegates by the people of the State of Mississippi, to ratify in convention a Constitution for a permanent government of the Confederate States of America, as an amendment by way of substitute for the resolution.

Mr. Yerger offered, “An Ordinance to provide for the ratification or rejection of the Permanent Constitution by the people at the ballot box, and also for the ratification or rejection by the people of the ordinance proposed,” as a substitute for the substitute offered by Mr. Clayton, of Lowndes.

Mr. Glenn submitted an Ordinance entitled, “An Ordinance to adopt and ratify by this Convention the Permanent Constitution,” as a substitute for the resolution and amendments proposed.

Mr. Brooke offered the following resolution:

Mr. Glenn moved to lay the resolutiou on the table, which was decided in the negative by yeas and nays as follows:

YEAS—Mr. President, Messrs. Baldwin, Backstrom, Booth, Berry, Catchings, O. Davis, Dease, Dyer, Deason, Eckford, George, Glenn, Gwin, Harris, Hill, Holt, Hurst, Isom, Jones, Keirn, Lea, Lamar, Lewis, McGhee, of Bolivar, Miller, of Tunica, Neely, Nelson, Orr, Semmes, Terral, Thompson, Vaughan, Witty, Wilkinson and Woods—37.

NAYS—Messrs. Barksdale, Brooke, Beene, Blair, Bonds, Bullard, Clayton, of Lowndes, Cummings, Colbert, J. S. Davis, Denson, Douglas, Edwards, Farrar, Flournoy, Fontaine, Gholson, Herring, Johnston, of De Soto, Keith, Kennedy, King, Lowers, McGhee, of Panola, Miller, of Pontotoc, Parker, Powell, of Jones, Rogers, Sanders, Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Wood, of Attala, Wright, Yerger and Young—40.

Mr. Clayton, of Lowndes, offered an Ordinance as a substitute for the resolution offered by Mr. Brooke, entitled an Ordinance to provide for the election of delegates by the people of the State of Mississippi to ratify in Convention a Constitution for a permanent government of the Confederate States of America.

On motion of Mr. Glenn, the substitute was laid on the table by yeas and nays as follows:

YEAS—Mr. President, Messrs. Baldwin, Backstrom, Booth, Brooke, Blair, Berry, Catchings, Colbert, O. Davis, Dease, Douglas, Dyer, Deason, Eckford, George, Glenn, Gwin, Harris, Hill, Holt, Hurst, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Lea, Lamar, Lewis, McGhee, of Bolivar, McGhee, of Panola, Miller, of Tunica, Neely, Nelson, Orr, Parker, Powell, of Jones, Semmes, Terral, Thompson, Vaughan, Witty, Wilkinson, and Woods—45.

NAYS—Messrs. Anderson, Barksdale, Beene, Bonds, Bullard, Clayton, of Lowndes, Cummings, J. S. Davis, Edwards, Farrar, Flournoy, Fontaine, Gholson, Herring, King, Kennedy, Lewers, Miller, of Pontotoc, Rogers, Sanders, Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Woods, of Attala, Wright, Yerger and Young—30.

Pending further action on the resolution offered by Mr. Brooke, Mr. Glenn asked the unanimous consent of the Convention to make a report from the committee to whom was referred the Constitution of the Confederate States of America.

Objections being made, the question was put to the Convention and decided in the affirmative.

Mr. Glenn then submitted the following report:

Mr. Yerger, from the same committee, made a minority report, and with his report, “an Ordinance to provide for the ratification or rejection of the Permanent Constitution, by the people at the ballot-box; and, also, for the ratification or rejection, by the people, at the ballot-box, of the Ordinance proposed.”

On motion of Mr. Wood, of Attala, the majority report was received.

Question on agreeing, Mr. Wood, of Attala, offered “an Ordinance to provide for submitting the permanent Constitution of the Confederate States of America, to the people of the State of Mississippi,” as a substitute for the Ordinance reported by the majority committee.

Pending further action, on motion, the Convention adjourned until 3 o'clock P. M.

The Convention met pursuant to adjournment.

The Journal of yesterday was read and approved.

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.

On motion of Mr. Clapp, the further consideration of the unfinished business was suspended to enable him to introduce the following resolution:

Resolved, That the resolution adopted on yesterday, “that the debate on the various matters proposed for the ratification of the Constitution be closed at one o'clock, to-day,” be and the same is hereby rescinded.

On his further motion, the resolution was adopted.

The Convention again resumed the consideration of the unfinished business.

Pending further action, on motion of Mr. Wright, the Convention adjourned until 3 o'clock, P. M.

Mr. Rogers being entitled to the floor.

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, 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, 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, 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.

Mr. Barksdale made the following report:

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:

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

SEC. 13. The State shall be divided into convenient districts, and each district shall contain not less than three nor more than twelve counties.

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.

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.

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.

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.”

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.

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.

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.

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.

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.

And provided further, That the Legislature may raise a loan of money and pledge the faith of the State for the payment thereof, when required to suppress insurrections, repel invasions, or provide for the defense of the State.

SEC. 10. The Legislature shall direct, by law, in what manner, and in what courts, suits may be brought against the State.

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.

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.

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.

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.

SEC. 15. Divorces from the bonds of matrimony shall not be granted but in cases provided for by law, by suit in chancery.

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.

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.

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 the Legislature may from time to time deem proper.

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.

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.

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.

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.

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 of Mississippi, at such times as shall be required by law.

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.

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.

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 have been issued since the 9th day of January, 1861, may use such warrants in the entry of lands as provided for in last section, by making and filing affidavit as therein required that he or she was at the time of issuing the same a citizen of this State.

SEC. 10. Be it further ordained, That in case any vacancy shall occur in any of said offices of register or receiver, the same shall be filled by 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.

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.