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Journal of the House
of Representatives of the State of Mississippi,
December Session of 1862, and November Session of 1863:

Electronic Edition.

Mississippi. Legislature. House of Representatives


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First edition, 2000
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2000.

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Source Description:
(title page) Journal of the House of Representatives of the State of Mississippi, December Session of 1862, and November Session of 1863
565 p.
JACKSON.
COOPER. & KIMBALL STEAM PRINTERS AND BINDERS.
1864.

Call number 1670 Conf. (Rare Book Collection, University of North Carolina at Chapel Hill)


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Library of Congress Subject Headings, 21st edition, 1998

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Illustration


JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF MISSISSIPPI,
DECEMBER SESSION OF 1862,
AND
NOVEMBER SESSION OF 1863.

JACKSON.
COOPER. & KIMBALL, STEAM PRINTERS AND BINDERS.
1864.


Page 3

HOUSE JOURNAL.

WEDNESDAY, December 17, 1862.

        At a special session of the Legislature of the State of Mississippi, began and held in pursuance of the Constitution and the Governor's Proclamation, at the State House, in the city of Jackson, in the county of Hinds, State of Mississippi, on Wednesday, the 17th day of December, A. D. 1862, and the sovereignty of the State of Mississippi the forty-sixth,

        Be it remembered, That on this day, at the place above mentioned, being the time and place designated for the assemblage of the Legislature of the State of Mississippi, the members of the House of Representatives convened in the Representative Hall at twelve o'clock, M.

        The Speaker took the chair and called the House to order.

        On motion of Mr. Thomas,

        The roll was called and the following members answered to their names:

        MR. SPEAKER, Messrs. Allen, Barton, Bardin, Boddie, Chandler, Clark, Deason, Denney, Dyer, Enochs, Fatheree, Fox, Graham, Harper, Harris, Hicks, Hooker of Holmes, Hooker of Lawrence, Johnson of Warren, Kirk, Lyle, McDonald, McLaurin, Miller of Oktibbeha, Nelson, Seal of Harrison, Semmes, Shelly, Thomas, Smith of Lowndes, Walker, Williams of Wilkinson, and Wood.

        No quorum being present,

        On motion of Mr. Johnson, of Warren,

        The House adjourned to three o'clock, P. M.

THREE O'CLOCK, P. M.

        The House met pursuant to adjournment.

        On motion of Mr. Bardin, the roll was called.

        No quorum being present,

        On motion of Mr. Seal, of Harrison,

        The House adjourned to 10 o'clock to-morrow morning.


Page 4

THURSDAY, December 18, 1862.

        The House met pursuant to adjournment.

        Upon call of the roll, a quorum being present,

        The House proceeded to business.

        The Journal of yesterday was read and approved.

        Hon. William T. Powe, member elect from the county of Jasper, to fill the vacancy occasioned by the death of Hon. A. F. Dantzler, and Hon. C. F. Hamer, member elect from the county of Yazoo to fill the vacancy occasioned by the death of Hon. Q. D. Gibbs, appeared, were qualified and took their seats.

        On motion of Mr. Johnson, of Warren,

        The House proceeded to the election of a Doorkeeper in place of A. T. Foster.

        On motion of Mr. Thomas,

        William J. Brown, Jr., was elected Doorkeeper by acclamation,

        Who, thereupon, took the oath of office and entered upon the discharge of his duties.

        On motion of Mr. Johnson, of Warren,

        Resolved, That the Clerk be instructed to inform the Senate that the House of Representatives, having a quorum, are now ready to proceed to business, having elected William J. Brown, Jr., their Doorkeeper,

        And have adopted the following joint resolution, in which the concurrence of the Senate is desired:

        Resolved, That a committee of----on the part of the Senate, and three on the part of the House, be appointed to wait on his Excellency, the Governor, and inform him that the two Houses are now organized and ready to receive any communication he may have to make; and have appointed as said committee on the part of the House, Messrs. Johnson of Warren, Kirk and Shields.

        On motion of Mr. Bardin,

        The House adjourned to 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Hooker of Holmes, asked and obtained leave of absence for his colleague, Mr. Dyer, on account of sickness.

        On motion of Mr. Terrell, of Covington,
The House adjourned until to-morrow morning at 10 o'clock.


Page 5

FRIDAY, December 19, 1862.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        On motion of Mr. Johnson, of Warren,

        Resolved, That a committee of three be appointed to wait upon the President of the Confederate States and General Joseph E. Johnston, and tender to them and their staffs seats in this House, and also request the President, if consistent with his present duties, to address the members of this House this evening at 7 o'clock, or at such other time as may suit his convenience.

        The Speaker appointed Messrs. Johnson of Warren, Jones, and Hooker of Hinds, said committee.

        On motion of Mr. Chandler,

        The House adjourned until 3 o'clock, P M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Harper asked leave to introduce a bill.

        Mr. Hicks raised a point of order, that no bill could be acted upon by this House until the Senate had found a quorum and organized for business.

        The Speaker decided that it was now competent for this House to proceed to business.

        Mr. Harper, by leave, introduced a bill to be entitled

        An act to reorganize and establish the military system of the State of Mississippi,

        Which was read the first time.

        On motion of Mr. Hooker, of Hinds,

        The rule was suspended, the bill read a second time and laid upon the table.

        Mr. Johnson, of Warren, made the following report:

        MR. SPEAKER--

        The committee appointed to wait upon President Davis and General Johnston, and tender to them and their staffs seats in this Hall, and also to request the President to address the members of the Legislature, have performed the duty assigned them, and now beg leave to report that both the President and General Johnston expressed themselves as gratified at the courtesy extended to them, of which they will avail themselves upon their return from Vicksburg, and also that the President will then name the time when he will be able to address the Legislature.


Page 6

        Mr. Harper, by leave, introduced a bill to be entitled

        An act to authorise the impressment of slaves and other personal property for military purposes,

        Which was read the first time.

        Mr. Harper moved that the rule be suspended, that the bill be read a second time and referred to a select committee of five, and one hundred copies ordered to be printed.

        Motion lost.

        Mr. Hooker, of Hinds, moved that the bill be laid upon the table, and one hundred copies ordered to be printed,

        Which motion prevailed.

        On motion of Mr. Hooker, of Hinds,

        The House adjourned until 10 o'clock to-morrow morning.

SATURDAY, December 20, 1862.

        House met pursuant to adjournment.

        The following message was received from the Senate, through Mr. Porter, their Secretary:

        MR. SPEAKER--

        I am instructed by the Senate to inform the House of Representatives that the Senate is duly organized and ready to proceed to business.

        Journal of yesterday was read and approved.

        Mr. Hooker, of Holmes, presented the following resignation:

JACKSON, December 20, 1862.

To the Hon. Senate and House of Representatives
of the State of Mississippi:

        I hereby resign the office of Sergeant-at-Arms of this Legislature.

SAMUEL POOL.


        Which resignation was received.

        On motion of Mr. Johnson, of Warren,

        Resolved, The Senate concurring, That the two Houses proceed to the election of Sergeant-at-Arms at half-past 10 o'clock, A. M., this day.

        Mr. Chandler, by leave, introduced a bill to be entitled

        An act better to provide for the families of our soldiers,

        Which was read the first time.

        On motion of Mr. Chandler,

        The rule was suspended, the bill read the second time and referred to the committee on Propositions and Grievances.


Page 7

        On motion of Mr. Shields,

        Resolved, That the Secretary of State be requested to furnish for the House, copies of the Revised Code, the Journals of the Convention, and the acts of the Legislature since 1857.

        Mr. Chandler, by leave, introduced a bill to be entitled

        An act to authorize Tax Collectors to receive in payment of the military tax all funds receivable for other State taxes,

        Which was read the first time.

        On motion of Mr. Chandler,

        The rule was suspended, the bill read the second time and referred to the committee on the Judiciary.

        The following message was received from the Senate, through Mr. Porter, their Secretary:

        MR. SPEAKER--

        The Senate has concurred in the joint resolution of the House in relation to the appointment of a joint committee to inform the Governor of the organization of the two Houses, and of their being ready to receive any communication he may have to make to them; and have appointed as a committee on the part of the Senate Messrs. Gordon and Davis.

        The Senate has also concurred in joint resolution of the House in relation to the election of Sergeant-at-Arms.

        On motion of Mr. Thomas,

        Resolved, That the House take a recess of five minutes for the purpose of preparing the Hall for the reception of the Senate, to the end that the two Houses proceed to the election of a Sergeant-at-Arms.

        The recess having expired, the House resumed its session.

        On motion of Mr. Chandler,

        The Clerk was requested to inform the Senate that the Hall of the House was now in readiness for their reception, to the end that the two Houses proceed to the election of a Sergeant-at-Arms.

        The Senate having been informed, entered the Hall and took the seats assigned them.

        The President having explained the object of the joint convention,

        Mr. Hicks nominated J. J. Denson, and, on his further motion,

        He was declared elected Sergeant-at-Arms by acclamation,

        And, having taken the oath of office, entered upon the discharge of his duties.

        The object of the joint convention having been accomplished, the Senate retired.

        Mr. Graham, by leave, introduced a bill

        To provide for the collection of the military tax in the same manner as other State taxes,

        Which was read first time.


Page 8

        On motion of Mr. Graham,

        The rule was suspended, the bill read the second time and referred to the committee on the Judiciary.

        Mr. Johnson, of Warren, made the following report:

        The committee on the part of the House appointed to wait on the Governor, report that they have discharged that duty, and that the Governor replies that he will make his communication to this body in writing.

        Mr. Johnson, of Warren, introduced a bill

        To authorize the suspension of the writ of Habeas Corpus,

        Which was read the first time.

        On motion of Mr. Strong,

        The rule was suspended, the bill read the second time and referred to the committee on the Judiciary.

        The following message was received from the Governor, through his private Secretary, Mr. Rives:

        MR. SPEAKER--

        I am instructed by his Excellency, the Governor, to deliver to you, his message in writing, with accompanying documents.


Page 9

GOVERNOR'S MESSAGE.

EXECUTIVE OFFICE, JACKSON, MISS.,
December 20th, 1862.

Gentlemen of the Senate
and House of Representatives:

        For the consideration of matters of vital interest to the safety of the State, you have been called into extra session. The magnitude of the preparations, and the vast armies sent by our enemies for our subjugation, require corresponding efforts on our part to render our defense successful. To effect this end, I recommend that the entire white male population of the State from sixteen to sixty years of age, be enrolled in the militia, and that such as are deemed able to go into active service be called at once to the defense of the State. This class who are able for active service in the field will probably constitute one-half of the entire population subject to military duty. The other half could be organized as a reserve, to be armed and drilled for local defense against raids of small foraging parties of the enemy. One-fourth of this reserved class could act as armed patrols in their respective counties, and thus give a feeling of security to the people in every county in the State. As it is a matter of necessity to the safety of the State and the successful prosecution of the war, to fill up our regiments now in the field, and to return to the army the hundreds who are absent without leave, or on expired furloughs, or have recovered from disability and are now able to return to duty, I suggest the importance of requiring the sheriffs, magistrates and constables to aid the military authorities of the State and of the Confederate States to enroll, and, if necessary, to arrest conscripts, and send them to the proper camps, and to arrest and send to their commands all who owe service to the country and either neglect or refuse to perform it.

        The prompt and faithful performance of this duty should be enforced by heavy penalties, extending to even the dismissal from office, for wilfully failing or refusing to give the required aid in arresting and sending back to duty those who seek to avoid it. I recommend that the Legislature pass an act disfranchising every citizen who shall be convicted of evading or refusing to perform the military duties required of


Page 10

him by law--either by leaving the State or hiding out from home or otherwise. Such are not fit to associate on terms of equality with the loyal and brave who return with honorable scars from the battle for independence.

        Slave labor has been employed by State and Confederate authorities on works deemed necessary for the public safety. The liberal and patriotic have cheerfully responded to the calls for slaves for this purpose, while some have refused to contribute anything, or even to send their slaves on assurance of full and ample compensation. I ask that authority be given the Executive--under such restrictions as may be deemed wise--to call out for the State or Confederate authorities such number of slaves as may be necessary for such works in the future; and that the burthen may be equally borne by all, I suggest that the slaves be enrolled.

        While asking for more stringent legislation to compel the citizen to do his duty to the State and country, I will respectfully remind the Legislature that one class of our citizens has claims upon the State as imperative and as sacred as any claim the State can have upon the soldier in this perilous hour. I allude to the families and dependents of our soldiery now or soon to be in the field. Deprived of the means of support by calling the husband and father to the army, they may justly claim protection and a supply of the necessaries of life from the State, which now requires the services of their natural protectors. The provision heretofore made by the Legislature is found to be wholly inadequate. Owing to the drought of the past season, which extended over a large portion of the State, and the necessity of calling more men into the field, the number of destitute families will be greatly increased, and thereby add largely to the wants of our people, who are even now in some districts suffering for bread. Such a condition of affairs ought not to be allowed to exist while there is means within the State to prevent it. I therefore recommend that the most liberal provisions be made by the Legislature in behalf of the families of our soldiers now in the field, and the widows and orphans of such as have fallen in defense of their country; and I further recommend, in this connection, that discretionary power be given to the Boards of Police in each county to extend any legislative provision that may be made by county taxes--if such legislative provision should again be found inadequate to supply the necessaries of life to the sufferers of their respective counties.

        The most pressing want of our people at the present time is a supply of salt. During the last summer I sent agents to Virginia, Alabama and Louisiana, in order to secure, if possible, a supply of salt for the people of the State, either by purchase or by mining. Their missions have, however, from


Page 11

various causes, proven entirely unsuccessful, except the agent to Louisiana, who succeeded in purchasing a small quantity of salt in New Iberia, in Louisiana. About 40,000 pounds of salt are now at Vicksburg, which I propose to distribute to the destitute families of soldiers. Some other contracts have been recently made for a large supply of salt, and if I should be successful in these, I hope to be able to supply the State. These contracts I will be pleased to submit to any committee that the Legislature may appoint for that purpose. If these efforts should prove a failure, I know of no other source of supply but by mining on State account at New Iberia, Louisiana, where the deposit so far as is known, is unlimited. In that event I ask that authority be given to use the slave labor of the State, and the wagons and teams necessary for the mining and hauling the salt to Atchafalaya, the nearest point to steamboat navigation. While my efforts have procured but a very small amount of salt on State accounts, I have given all the information and assistance in my power to private enterprise, and it affords me much satisfaction to say that in consequence of such information and assistance many individuals have succeeded in supplying themselves and neighbors with salt. I have been unable to obtain transportation sufficient to convey the salt obtained to the interior of the State. I therefore request that the Legislature will take some action in the premises so as to secure speedy transportation for the salt that may be obtained in the future, and as the item of bread is of vital importance to a large portion of the State, it would be well for the Legislature to include transportation for corn and wheat in any provision made for the transportation of salt.

        The exorbitant prices asked for every article of food by those who are engaged in buying and selling for profit, and many who produce them, is putting the means of living beyond the reach of many of our poor citizens--if permitted to go unchecked will transfer the property of the country to the hands of the worst and least patriotic of our population. I ask that a law be passed prohibiting the buying and selling of grain for profit, and its distillation into spirits, and that some reasonable price be fixed beyond which the extortioner cannot go without incurring a heavy penalty.

        The military bill passed at the last session of the Legislature made no provision for the appointment of the staff of the Major General of the State Militia. I recommend that authority be given to the Major General to appoint his staff, as the duties of his office cannot be performed without such aid.

        Treasury notes to the full amount authorized by the Legislature at its last session, have been advanced on cotton. This act for the relief of the people and for supplying a sound circulating


Page 12

medium for the State has accomplished all that its most sanguine friends expected, and of the $2,500,000 appropriated by the Legislature for military purposes, but $381,534 have been expended, leaving in the Treasury a balance of $2,218,466. No further appropriation in this behalf is required.

        For the information of the Legislature as to the condition of the State troops, I respectfully refer you to the report of Major General T. C. Tupper, herewith transmitted. The minute men now in the field have done good service, and they cannot be too highly commended. Their presence and efficiency have done much to restrain the inroads of the invading foe. The State Armory at Bra don is doing all that could be expected, with the limited means in our possession, in the construction and repairing of arms. For full information upon this subject, I refer you to the report of the Chief of Ordnance herewith transmitted.

        You will see by the report of the Adjutant General of the State that we now have forty-six regiments of infantry in the Confederate service, besides the cavalry and artillery, and the unattached battalions and companies of the several arms, which were organized by and reported directly to the Confederate authorities at Richmond, leaving no record of their existence or strength in the office of the Adjutant General in this State.

        Since your last session, Mississippi has become the theater of war. After the fall of New Orleans and Memphis three sides of the State were exposed to the Northern plunderer. Until recently our people have suffered, compared with the four States adjoining, but little loss of property, for the enemy have been required to pay in blood for the plunder they gathered on our soil. Their efforts were mainly directed to clearing the Mississippi river of the only remaining obstruction to its free navigation. Some fortifications hastily constructed at Vicksburg were at the beginning of the contest scarcely deemed worthy of their notice, but after months past spent in bombarding, and at times the most furious that has ever occurred upon this continent, the united efforts of both the upper and lower fleets could not secure the safe passage of one boat. Battered and bootless, they retired in acknowledged defeat. The spell which attended the name of gunboats was broken at Vicksburg. While this brilliant success to our arms--occurring on her soil--adds renown to the State, Mississippi can only claim a share of the glory of the achievement--Louisiana, Alabama, Kentucky, Tennessee and Missouri had gallant representatives there to share the danger of the conflict and the honors of the triumph. Nor should I forget the brilliant part played in this defense by the Confederate


Page 13

steamer Arkansas and her heroic officers and crew. Though baffled last summer, the enemy have worked with all the energy which wounded pride and bitter hate could give them, and are now returning to the seige with larger fleets and much larger land forces. We have not been idle spectators of their preparations, and the history of Southern triumph at the Hill City, I hope, is not yet finished. Thanks to the energy of our mechanics and the skill of our engineers, the foremost of their gunboat fleet lies a shattered wreck at the bottom of the Yazoo river. The torpedo has at last done its work. I hail this success as a happy omen of our triumph over our enemies in the approaching struggle--that triumph must be sought by patient endurance and hard fighting. From all the accounts of the devastations committed, wherever their troops have marched over our soil, it is manifest that we have nothing to lose by fighting. Mississippi is now called on to put forth all her strength to repel the invasion of her enemies who have discarded both the principles and practice of civilized warfare. The struggle is now for her existence as a State. Her sons have won for her an enviable renown by gallantry unsurpassed on many fields, and attracted to her the bitterest hatred of the common enemy of the Confederacy. I appeal to the Legislature for such legislation as in their wisdom, they may deem necessary to enable the State to maintain the proud position among her sister States won for her by the blood of her heroic sons. Let us convince the world by our actions that all the patriotism and courage did not go out of the State with the Regiments that have heretofore gone to meet the enemy on more distant fields. If Mississippi is true to her former history, I have an abiding confidence that after a few months more of suffering and trials, the God who loves justice and rewards devotion, will bless our land with independence and peace.

JOHN J. PETTUS.


        On motion of Mr. Thomas,

        The message was laid upon the table and 500 copies ordered to be printed.

        On motion of Mr. Shields,

        Resolved, That five hundred copies of the Documents accompanying the Governor's message be printed for the use of this House.

        On motion of Mr. Terrell,

        The vote adopting the resolution was reconsidered,

        And on his further motion,

        The House resolved itself into secret session for the consideration of the accompanying documents to the Governor's message.


Page 14

        After a short time spent therein the doors were opened, and

        On motion of Mr. Jones,

        The following resolution was adopted:

        Resolved, That the reports of the Major General and Chief of Ordnance, and other documents accompanying the Governor's message, be referred to the committee on Military Affairs.

        Mr. Hooker, of Holmes, offered the following resolution:

        Resolved, That this House will not act upon any business at its present session, except that to which the attention of the House is called by the message of the Governor and accompanying documents, and the business now before the House, and such other matters as the exigency of the times may demand.

        Mr. Graham moved to lay the resolution upon the table,

        Upon which motion the yeas and nays were demanded by Messrs. Shields, Gulley, and Hooker, of Holmes,

        And the motion to lay upon the table was lost by the following vote:

        YEAS--Messrs. Bardin, Brooks, Buntin, Deason, Edwards of Kemper, Enochs, Graham, Hicks, Hooker of Hinds, Humphreys, Jackson of Amite, Martin, Magee of Pike, McElroy, Miller of Oktibbeha, Powe, Seal of Harrison, Seal of Hancock, Shelley, Terrell and Wells--21.

        NAYS--Mr. Speaker, Messrs. Barnes, Boddie, Chandler, Clark, Durr, Fatheree, Fox, Gulley, Hamer, Harper, Harris, Hooker of Holmes, Hooker of Lawrence, Irby, Johnson of Warren, Jones, Kirk, Lewis, Lyle, McDonald, McLaurin, Moore, Nelson, Semmes, Shields, Strong, Thomas, Walker, Williams of Wilkinson, and Wood--31.

        Mr. Johnson, of Warren, moved the previous question.

        The question was then taken on the adoption of the resolution and decided in the affirmative.

        Mr. Hooker, of Hinds, offered the following resolution, which was adopted:

        Resolved, That the Auditor of Public Accounts be requested to furnish to this House a statement of the amount collected under an act to support the indigent families of soldiers in the army, and how the same has been distributed among the various counties of the State.

        On motion of Mr. Jones,

        The bill entitled an act to reorganize and establish the military system of the State of Mississippi, was called from the table.

        And upon his further motion,

        The bill was referred to the committee on Military Affairs, and one hundred copies ordered to be printed.


Page 15

        On motion of Mr. Terrell,

        The House adjourned to three o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Wood, by leave, introduced a bill to be entitled

        An act to prevcnt the distillation of corn or other grain, molasses or sugar,

        Which was read the first time,

        And on motion of Mr. Wood,

        The rule was suspended and the bill read the second time, and referred to the committee on Propositions and Grievances.

        On motion of Mr. Miller, of Oktibbeha,

        Resolved, That his Excellency, the Governor, through the Chief of Ordnance, be requested to furnish the House a more full and specific statement of the number, condition and description of arms received from the several counties--what number and what kind from each county--what number from each county approved as good or fit to be repaired--and what number rejected as useless or unfit to be repaired.

        Mr. Miller, of Oktibbeha, asked leave of absence for Mr. Boyd, of Tippah,

        Which was granted.

        Mr. Wood asked leave of absence for Mr. Denney, in consequence of illness,

        Which was granted.

        Mr. Shields asked leave of absence for Mr. Fowles,

        Which was not granted.

        On motion of Mr. Jones,

        Resolved, That the non attendance of all members of this House, who are at distant points in the army of the Confederate States, be and the same are hereby excused.

        Mr. Strong gave notice that he would, at an early day, introduce a bill providing for increased defenses on the Yazoo river.

        The Speaker announced that he had appointed John Terret and Charles M. Evans as Pages to this House.

        On motion of Mr. Harris,

        Mr. Chandler was added to the committee on Military Affairs.

        The Speaker announced that he had filled vacancies in several of the Standing Committees, as follows, to-wit:

        In the committee on Ways and Means: Messrs. Thomas, Strong, Chandler and Graham.

        In the committee on the Judiciary: Mr. Hooker, of Holmes.

        In the committee on Claims: Messrs. Powe, Walker and Bardin.


Page 16

        In the committee on Propositions and Grivances: Messrs. Kirk, McLaurin, Nelson and Buntin.

        In the committee on Military Affairs: Messrs. Harper, Hamer, Hooker, of Hinds, and Tindall.

        Mr. Thomas offered the following resolutions, which were unanimously adopted:

        Resolved, That this House has heard with deep sorrow of the death of QUESNEY D. GIBBS, late a member from the county of Yazoo.

        Resolved, That the earnest and patriotic devotion to his country's honor and independence, which he has sealed with his life, entitles his memory to a grateful appreciation by the State.

        Resolved, That the proceedings of this House in relation to the death of Capt. Q. D. Gibbs, be communicated to the family of the deceased by the Clark.

        Resolved, That as a further mark of respect to the memory of the deceased, this House do now adjourn until Monday morning, 10 o'clock.

        The House adjourned until Monday morning at 10 o'clock.

MONDAY, December 22, 1862.

        House met pursuant to adjournment.

        Journal of Saturday read and approved.

        The Speaker presented the following communication from the Auditor of Public Accounts:

AUDITOR'S OFFICE, JACKSON,
December 22, 1862.

Hon. J. P. Scales,
Speaker of the House of Representatives:

        SIR--In compliance with a resolution adopted by the House of Representatives on the 20th inst., I have the honor herewith to transmit a statement showing the amount of tax collected for the support of indigent families of volunteer soldiers in the army, and the pro rata share of each county of said tax.

Most respectfully, your ob't servant,

A. J. GILLESPIE,
Aud. Pub. Accounts.


Page 17

        

STATEMENT of Military Relief Tax of 1861, collected, and the pro rata share of each county in the State of Mississippi of said fund:

COUNTIES. Net amount of Tax collected. Pro rata share of each county.
Adams $ 7,288 99 $ 1,753 79
Amite 3,086 81 2,790 77
Attala 2,814 23 5,409 51
Bolivar 6,219 12 1,161 23
Calhoun 1,301 48 5,051 11
Carroll. 6,813 06 7,813 21
Chickasaw 3,999 25 3,956 78
Choctaw* 2,684 73 8,993 55
Claiborne**   1,428 84
Clark*** 2,240 81 5,614 99
Coahoma 3,839 69 234 16
Copiah 4,580 62 5,452 52
Covington 645 49 1,944 94
DeSoto 6,979 86 4,578 01
Franklin 1,837 93 1,605 65
Greene 235 70 669 02
Hancock 711 12 1,199 46
Harrison 1,015 48 559 11
Hinds 10,585 32 5,031 99
Holmes 6,121 12 5,333 05
Issaquena 3,600 00 315 40
Itawamba 2,542 32 5,089 34
Jackson 550 00 1,500 52
Jasper 2,075 90 2,523 16
Jefferson 4,178 00 1,529 19
Jones 276 06 2,150 42
Kemper 2,433 57 4,157 49
Lafavette 3,426 38 3,995 01
Lauderdale 2,195 07 4,262 62
Lawrence 1,789 37 2,446 71
Leake 1,684 20 4,281 73
Lowndes 7,380 02 3,794 30
Madison 7,320 55 4,171 82
Marion 843 78 1,017 87
Marshall Not settled 6,804 90
Monroe 6,543 98 7,617 28
Neshoba. 1,291 75 2,226 88
Newton 1,884 59 2,016 62
Noxubee 6,641 89 5,648 45
Oktibbeha 3,856 33 2,169 54

        * Settled in full since distribution.


        ** Settled in full since distribution.


        *** Settled in full since distribution.



Page 18

Panola $ 6,161 50 3,053 60
Perry 278 40 597 34
Pike 2,504 86 1,916 27
Pontotoc 4,182 14 7,211 09
Rankin 3,350 85 4,984 20
Scott 1,876 67 2,174 32
Simpson 890 94 1,557 86
Smith 1,112 10 2,972 36
Sunflower 3,787 17 1,476 63
Tallahatchie 3,354 98 1,753 79
Tippah 3,288 34 6,694 99
Tishomingo*   8,725 94
Tunica 2,627 83 621 24
Warren Not settled 3,421 57
Washington 11,496 29 1,481 40
Wayne 623 01 893 62
Winston 1,940 85 2,590 07
Wilkinson 4,759 25 2,972 36
Yalabusha 4,433 12 3,431 12
Yazoo 8,803 24 2,155 20
Total 198,985 91 198,985 91

        * Settled in part since distribution.


A. J. GILLESPIE,
Auditor of Public Accounts.

AUDITOR'S OFFICE,
Jackson, Miss., Dec. 22, 1862.

        On motion of Mr. Johnson, of Warren,

        Resolved, That one hundred copies of the Auditor's Report, just read, be printed for the use of this House.

        On motion of Mr. Shields,

        The vote adopted on Saturday, by which five thousand copies of the Governor's message were ordered to be printed, was reconsidered,

        And on his further motion,

        Two hundred copies were ordered to be printed for the use of this House.

        Mr. Bardin asked leave of absence for Mr. Edwards, of Choctaw,

        Which was granted.


Page 19

        On motion of Mr. Johnson, of Warren,

        The call of the counties was suspended.

        Mr. McLaurin presented the petition of Edward Robinson and others, of Smith county.

        Which, on his motion,

        Was referred to a special committee of three.

        The Speaker appointed Messrs. McLaurin, Miller, of Oktibbeha, and Brooks, said committee.

        Mr. Terrell presented a communication from Capt. Barnes and other citizens of Covington county, in relation to the militia law of the State,

        Which, on his motion,

        Was referred to the committee on Military Affairs.

        Mr. Martin, from the committee on Propositions and Grievances, made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred the Bill entitled "an act better to provide for the families of our soldiers," have had the same under consideration, and have instructed me to report the same back, and recommend that it do pass with an amendment.

        Which was received and agreed to.

        On motion of Mr. Johnson, of Warren,

        Resolved, That one hundred copies of the bill and amendment recommended by the committee, be printed for the use of this House.

        On motion of Mr. Jones,

        Resolved, (The Senate concurring,) That a joint select committee of five members on the part of the House, and----on the part of the Senate, be appointed, to whom shall be referred all that portion of the Governor's message relating to the militia and the proper means of repelling the present invasion, with instructions to take into consideration the subject of the whole military strength of the State, and to report a bill for its immediate defense.

        The Speaker appointed Messrs. Jones, Harper, Strong, Dyer and Hamer said committee.

        Mr. Dyer introduced the following:

        Resolution in relation to the Proclamation of Abraham Lincoln, President of the United States, on the subject of Emancipation.

        Which was referred to the committee on Military Affairs.

        Mr. Barton, by leave, introduced a bill to be entitled

        An act in relation to Executors, Administrators and Guardians.

        Which was read once.


Page 20

        On motion of Mr. Barton,

        The Constitutional rule was suspended, the bill read the second time.

        On motion of Mr. Hicks,

        The bill was referred to the committee on the Judiciary.

        On motion of Mr. Graham,

        Resolved, That so much of the Governor's message as relates to the purchase and transportation of salt be referred to a select committee of five.

        The Speaker appointed Messrs. Graham, Fall, Martin, Rogers and Withers.

        Mr. Graham, by leave, introduced a bill entitled

        An act to provide for the further issuance of Treasury Notes as advances on cotton.

        Which was read the first time.

        On motion of Mr. Graham,

        The rule was suspended, the bill read the second time, and referred to the committee on Propositions and Grievances.

        Mr. Graham introduced the following:

        Resolved by the Legislature of the State of Mississippi, That we disapprove of the Exemption bill recently passed by the Confederate Congress, and particularly that portion of said bill which exempts from the military service all persons who happen to own a certain number of negro slaves. This we regard as an unjust discrimination in favor of the larger planter against his less opulent neighbor. Indeed, it is to force the poor men of the country to do all the fighting and bear all the toils and hardships of war, while the rich are left quietly at home to indulge in idleness and ease. In the name of justice and equality we protest against this most iniquitous and detestable class legislation, and instruct our Senators and Representatives in Congress to procure the repeal of this obnoxious law.

        Which, on his motion,

        Was referred to the committee on Propositions and Grievances.

        Mr. Chandler, by leave, introduced a bill entitled

        An act to enroll the militia of this State, and to aid the Confederate authorities in defending the State,

        Which was read once.

        On motion of Mr. Graham,

        The rule was suspended, the bill read a second time, and referred to the committee on Military Affairs, and one hundred copies ordered to be printed.

        Mr. Fall, by leave, introduced a bill entitled

        An act to authorize the removal of the Judicial and other public Records of counties, and for other purposes,

        Which was read once.


Page 21

        On motion of Mr. Fall,

        The rule was suspended, the bill read the second time, and referred to the Judiciary committee.

        Mr. Brooks, by leave, introduced a bill to be entitled

        An act to extend the provisions of the Stay law to probating of notes in the Probate Courts of this State.

        Which was read the first time.

        On motion of Mr. Brooks,

        The rule was suspended, the bill read a second time and referred to the Judiciary committee.

        Mr. Graham offered the following resolution,

        Which, upon his motion,

        Was referred to the committee on the Penitentiary:

        That the Superintendent of the Penitentiary be and he is hereby required, under such rules and regulations and restrictions as may be prescribed by the Board of Inspectors, to hire or employ such free white labor, as together with the convict labor, shall be sufficient to keep the machinery of the Penitentiary for the manufacture of cotton and woolen goods in constant employment, both day and night, excepting Sundays.

        The following message was received from the Senate, through Mr. Porter, their Secretary:

        MR. SPEAKER--

        The Senate has passed bills of the following titles:

        An act for the relief of Thomas M. Rae, assignee of James B. Wigginton.

        An act further to amend an act entitled an act to incorporate the town of Canton, and to repeal all former acts incorporating the same.

        In which they ask the concurrence of the House of Representatives.

        The Senate has concurred in the joint resolution of the House appointing a joint select committee to whom shall be referred all that portion of the Governor's message in relation to the militia and to the defense of the State, and have appointed as said committee on the part of the Senate, Messrs. Yerger, Poindexter and Chrisman.

        Mr. Hicks called up the Senate message,

        A bill to be entitled

        An act for the relief of Thomas M. Rae, assignee of James B. Wigginton,

        Was read the first time.

        On motion of Mr. Hicks,

        The rule was suspended, the bill read the second time.

        On his further motion,

        The rule was suspended, the bill was read the third time,

        And passed with title as stated.


Page 22

        Mr. Strong called up the Senate bill entitled

        An act further to amend an act entitled an act to incorporate the town of Canton, and to repeal all former acts incorporating the same.

        Which was read the first time,

        And on motion of Mr. Strong,

        The rule was suspended and the bill read the second time.

        On his further motion,

        The rule was suspended, the bill read a third time,

        And passed with the title as stated.

        On motion of Mr. Harper,

        The bill entitled

        An act to reorganize and establish the military system of the State of Mississippi,

        Was called from the table.

        And, on his further motion,

        The bill was referred to the joint committee on Military Affairs.

        On motion of Mr. Chandler,

        The vote by which a bill entitled

        An act to enroll the militia of this State and to aid the Confederate anthorities in defending the State,

        Was referred to the committee on Military Affairs,

        Was reconsidered.

        And, on his further motion,

        The bill was referred to the joint committee on Military Affairs of both Houses.

        On motion of Mr. Terrell,

        The vote by which the bill to provide for the relief of soldiers' families, was ordered to be printed,

        Was reconsidered.

        On motion of Mr. Martin,

        The House resolved itself into committee of the Whole on the bill entitled

        An act better to provide for the families of our soldiers,

        Mr. Johnson, of Warren, in the chair.

        After a short time spent therein,

        The committee rose and reported the bill back to the House with a recommendation that it do pass as amended.

        On motion, the report was received.

        The question being taken on the amendments, the following were adopted, to-wit:

        Be it further enacted, That the provisions of this act shall also apply to the destitute families of deceased soldiers, and other families wholly or partially dependent upon any soldier.

        Mr. Terrell offered the following amendment:

        And the families of discharged soldiers who have been wounded or otherwise disabled in the military service of the country.


Page 23

        Mr. Hamer offered the following substitute for Mr. Terrell's amendment:

        And the indigent families of discharged soldiers who are disabled by the casualties of war.

        Which was adopted.

        Mr. Wood offered the following amendments:

        Be it further enacted, That if any Tax Collector shall fail to collect, or any Tax Collector or County Treasurer shall fail to pay over the tax levied by this act, within the time limited by law, it shall be the duty of the Auditor forthwith to put the bond of such defaulting officer in suit, and in addition to the penalty of thirty per cent. now imposed upon defaulting Collectors, said defaulting officer shall be fined in a sum of not less than five hundred nor more than five thousand dollars.

        Be it further enacted, That before the Tax Collectors shall proceed to collect said tax, they shall be required to give bond in the penalty of the whole amount instead of one-half according to the provisions of the fifth section of the act to which this is an amendment.

        Pending which,

        The House adjourned until 3 o'clock, P M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        House took up the bill pending at adjournment.

        Mr. Wood's amendments being under consideration, were adopted.

        The rule was suspended, the bill read the third time,

        And passed with title as stated.

        On motion of Mr. Harper,

        The bill entitled

        An act to authorize the impressment of slaves and other personal property for military purposes,

        Was called from the table.

        And, on his further motion,

        The bill was referred to the joint committee on Military Affairs.

        Mr. Graham, by leave, introduced a bill to be entitled

        An act to tax unauthorized issues of paper money.

        Which was read once.

        On motion of Mr. Graham,

        The rule was suspended, the bill read a second time by its title, and referred to the committee on the Judiciary.

        On motion of Mr. Withers,

        Resolved, That the committee on Military Affairs be instructed to enquire into the propriety and expediency of


Page 24

requiring all civil officers of this State to give aid and efficiency to the conscript laws of the Confederate States, and report by bill or otherwise.

        Mr. Jones, by leave, introduced a bill to be entitled

        An act to revise and reduce into one the militia and volunteer laws of this State,

        Which was read the first time.

        On motion of Mr. Jones,

        The rule was suspended, the bill read a second time, and referred to the joint committee on Military Affairs, and one hundred copies ordered to be printed.

        On motion of Mr. Shields,

        Resolved, That the joint committee on Military Affairs be instructed to enquire into the expediency of creating an office of Supervising Surgeon of the State, whose duty it shall be to look after the troops of the State of Mississippi when sick, and report their condition to the Governor, and that they report by bill or otherwise.

        On motion of Mr. Shields,

        The House adjourned until to-morrow morning at 9 o'clock.

TUESDAY, December 23, 1862.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        Mr. Fall asked leave of absence for Mr. Johnson, of Warren, in consequence of illness,

        Which was granted.

        Mr. Wood moved a suspension of the regular order of business to enable him to introduce the following resolution, which was adopted:

        Resolved, That the committee to whom that portion of the Governor's message relating to the transportation of salt and provisions for the indigent families of soldiers was referred, be instructed to confer with General Johnston and ascertain how far facilities for transportation can be afforded without conflicting with the military necessities of the Confederate Government.

        Mr. Dyer, from the committee on the Judiciary, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill entitled an act in relation to Executors, Administrators


Page 25

and Guardians, have had the same under consideration, and have instructed me to report the same back to the House, with a recommendation that it do pass.

        On motion of Mr. Dyer,

        The report was received and agreed to.

        And on his further motion,

        The bill was read the third time under a suspension of the rule,

        And passed with title as stated.

        Mr. Dyer, from committee on the Judiciary made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act to provide for the collection of the military tax in the same manner as other State taxes, have had the same under consideration, and a majority of the committee have instructed me to report the bill back to the House, with a recommendation that it do not pass.

        On motion of Mr. Dyer,

        The report was received.

        Mr. Dyer moved that the report be agreed to.

        Pending which,

        The following message was received from the Governor, through his private Secretary, Mr. Rives:

EXECUTIVE OFFICE,
Jackson, Miss., Dec. 23, 1862.

Gentlemen of the Senate
and House of Representatives:

        I herewith transmit to the Legislature resolutions adopted by the Legislature of the State of Alabama, in relation to the transportation on Railroads. And as the people of Mississippi have experienced the same difficulties in relation to the transportation necessary to supply food to those sections of the State where the drouth has left them without enough to sustain the population until another crop can be made, I ask such action on the subject as may remedy the evil, and at the same time interfere as little as possible with the Confederate authorities in the use of these roads.

        The Express companies seem to be taking a much larger amount of the transportation on the Railroads than formerly. If the Railroad authorities could be induced to limit the amount of freight thus taken over their roads, at enormous charges, there would be more room and capacity for freight for private citizens.


Page 26

        I also transmit, herewith, joint resolutions of the Legislalature of Alabama on the subject of guaranteeing the war debt of the Confederate Government by the several States. I doubt not that the Legislature will do all in its power to satisfy our sister States, the Confederate Government, and the world, that Mississippi is willing to "sink or swim" with the Government to which she has voluntarily attached herself.

JOHN J. PETTUS.


        On motion of Mr. Hooker, of Holmes,

        The further consideration of the bill under consideration was postponed, and made the special order for 3 o'clock.

        Mr. Shields moved to take up the Governor's message.

        And, on his further motion,

        The same, with accompanying documents, was referred to joint committee on Military Affairs.

        Mr. Johnson, of Warren, made the following report:

        MR. SPEAKER--

        The special committee appointed to wait upon the President of the Confederate States, beg leave further to report that they have the pleasure of informing the House that President Davis will address the House, in compliance with its request, at 12 o'clock, M., on Saturday, 27th inst.

        On motion of Mr. Fall,

        The regular order of business was suspended to enable him to introduce a bill to be entitled

        An act to increase the pay of the Guards of the Penitentiary.

        Which was read the first time.

        On motion of Mr. Fall,

        The rule was suspended, the bill read the second time.

        Mr. Chandler offered the following amendment.

        Amend by adding this section:

        SEC.--. Be it further enacted, That the fees of Jailors for feeding persons confined in the county jails, shall be eighty cents per day for each white person, and seventy cents per day for each slave, free negro or mulatto confined therein, in lieu of the fees now allowed.

        On motion of Mr. Hooker, of Holmes,

        The bill and amendment were referred to the committee on the Penitentiary.

        On motion of Mr. Terrell,

        The House went into secret session for the consideration of a report.

        After some time spent therein, the doors were opened.

        Mr. Hicks asked leave to introduce a bill.


Page 27

        Leave being granted, a bill entitled

        An act for the relief of Capt. Henry Jamison,

        Was read the first time.

        On his further motion,

        The rule was suspended and the bill read second time.

        And, on his further motion,

        The rule was suspended, and the bill read third time and passed.

        Ordered, that title stand as stated.

        On motion of Mr. Chandler,

        The House adjourned to 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Chandler called up the special order, a bill entitled

        An act to provide for the collection of the military tax as other State taxes.

        Mr. Hooker, of Holmes,

        Moved the previous question.

        Which being sustained,

        On motion of Mr. Chandler,

        The House adjourned until to-morrow morning at 9 o'clock.

WEDNESDAY, December 24, 1862.

        The House met pursuant to adjournment.

        Journal of yesterday was read and approved.

        Mr. Barton introduced a claim, by leave, with a view to its reference.

        The claim was referred to the committee on Claims.

        Mr. Dyer, from the Judiciary committee, made the following reports:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act to authorize the removal of the Judicial and other public records of counties, and for other purposes, have had the same under consideration, and have amended it by inserting the following words, viz: "The Judge" before the words "any court," in the third line of the second section thereof, and by striking out the words "either" "or" in the eighth line of said section, and the word "without" in the ninth line in said section, and by adding a


Page 28

third section to said bill providing for compensating Clerks for removing the records, &c., of their respective courts, in the event of the removal of the same, and have instructed me to report the bill, with the amendments thereto, back to the House, and recommend that it do pass as thus amended.

        On motion of Mr. Dyer,

        The report was agreed to.

        On his further motion,

        The amendments were agreed to.

        Mr. Brown offered an amendment, by way of additional section,

        Which was adopted.

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill entitled an act to authorize the suspension of the writ of Habeas Corpus, have had the same under consideration, and have instructed me to report the bill back to the House with a recommendation that it do not pass.

        On motion of Mr. Dyer,

        The report was received.

        Mr. Johnson, of Warren,

        Moved that the report be agreed to.

        Which motion prevailed.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a bill to be entitled an act to tax unauthorized issues of paper money, have had the same under consideration, and have amended the first section by striking out the following words, viz: "Twenty-five per cent," and inserting in lieu thereof the following words, to-wit: "One hundred per cent," and the majority of the committee has instructed me to report the bill back to the House, with the amendment, with a recommendation that the bill, as amended, do pass.

        On motion of Mr. Dyer,

        The report was received.

        On his further motion,

        The amendment was adopted.

        Mr. Shields offered the following amendment:

        Amend by striking out the words "have issued or may hereafter."

        Mr. Hooker, of Holmes,

        Moved to amend the amendment by adding: "or permit to remain in circulation as exchange notes or money."


Page 29

        When, on motion of Mr. Hooker, of Hinds,

        The bill and amendments were recommitted to the Judiciary committee.

        On motion of Mr. Chandler,

        The regular order of business was suspended, and the unfinished business of yesterday was taken up,

        Being a bill to be entitled

        An act to provide for the collection of the military tax in the same manner as other State taxes.

        The previous question was moved by Mr. Hooker, of Holmes.

        Which being sustained,

        The question was taken on agreeing to the report of the committee,

        And decided in the affirmative by yeas and nays called for by Messrs. Hooker, of Holmes, Chandler and Turley:

        YEAS--Messrs. Billups, Brown, Buntin, Buford, Denney, Dyer, Edwards of Kemper, Fall, Fatheree, Gaines, Gulley, Hamer, Harper, Hicks, Hooker of Holmes, Hooker of Hinds, Hooker of Lawrence, Humphreys, Johnson of Warren, Lyle, Moore, Powe, Seal of Harrison, Seal of Hancock, Shields, Tindall, Thomas, Turley, Withers, Williams of Wilkinson, and Wood--31.

        NAYS--Mr. Speaker, Messrs. Allen, Barton, Bardin, Barnes, Boddie, Chandler, Clark, Deason, Durr, Edwards of C., Enochs, Fox, Graham, Harris, Irby, Jackson of Amite, Jones, Kirk, Magee of Pike, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Rogers, Semmes, Shelley, Smith of Lowndes, Terrell and Wells--30.

        Mr. Lyle made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred a bill entitled an act to prevent the distillation of corn or other grain, molasses or sugar, have considered the same, and have instructed me to report the same back and recommend that it do pass with certain amendments.

        Which was received and agreed to.

        Mr. Hicks moved to lay the bill and amendments on the table,

        Which was lost.

        On motion of Mr. Chandler,

        The bill and amendments were referred to the Judiciary committee.


Page 30

        The following message was received from the Senate, through its Secretary, Mr. Porter:

        MR. SPEAKER--

        The Senate has passed a bill to be entitled an act in relation to the Penitentiary.

        Mr. Lyle, from the committee on Propositions and Grievances, made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred the bill entitled an act to provide for the further issuance of Treasury Notes as advances upon cotton, have considered the same, and have instructed me to report the same back and recommend that it do not pass.

        On motion of Mr. Lyle,

        The report was received.

        Mr. Williams, of Wilkinson,

        Moved that the report be agreed to.

        The question on agreeing to the report was taken and decided in the affirmative by yeas and nays, called for by Messrs. Graham, Barton and Enochs:

        YEAS--Mr. Speaker, Messrs. Allen, Bardin, Barnes, Billups, Boddie, Brooks, Buntin, Buford, Chandler, Deason, Denney, Dickens, Durr, Dyer, Edwards of C., Fall, Gaines, Hamer, Harper, Hicks, Hooker of Holmes, Hooker of Hinds, Hooker of Lawrence, Irby, Johnson of Warren, Jones, McDonald, Miller of Oktibbeha, Powe, Rogers, Seal of Harrison, Seal of Hancock, Semmes, Shields, Tindall, Thomas, Turley, Withers, Williams of Wilkinson, and Wood--41.

        NAYS--Messrs. Barton, Clark, Edwards of Kemper, Fatheree, Fox, Graham, Gulley, Harris, Humphreys, Jackson of Amite, Kirk, Lyle, Magee of Pike, McElroy, Shelly, Smith of Lowndes, Terrell, Walker and Wells--19.

        Mr. Seal, of Harrison, asked leave to introduce a bill.

        The bill was read for information, and its introduction objected to because of conflict with rule of order adopted at a former day of this session.

        The objection was sustained by the Chair.

        An appeal was taken from the decision of the Chair.

        The decision of the Chair was sustained by call of yeas and nays, called for by Messrs. Brooks, Barton, and Seal, of Harrison:

        YEAS--Messrs. Barton, Brown, Brooks, Buford, Denney, Dickens, Edwards of Kemper, Fatheree, Gaines, Graham,


Page 31

Gulley, Hamer, Humphreys, Irby, Jackson of Amite, Miller of Oktibbeha, Seal of Harrison, Seal of Hancock, Shields, Terrell, Tindall, Withers and Wood--23.

        NAYS--Mr. Speaker, Messrs. Allen, Bardin, Barnes, Boddie, Chandler, Clark, Deason, Durr, Dyer, Edwards of C., Enochs, Fall, Harper, Harris, Hooker of Holmes, Hooker of Hinds, Hooker of Lawrence, Johnson of Warren, Jones, Kirk, Lyle, Magee of Pike, McDonald, McElroy, McLaurin, Powe, Rogers, Semmes, Shelley, Smith of Lowndes, Thomas, Turley, Walker, Wells, and Williams of Wilkinson--36.

        Mr. Shelley, by leave, introduced a bill entitled

        An act to amend an act to create a fund for the support of destitute families of volunteers in this State, and for other purposes, approved December 16, 1861.

        On his motion,

        The constitutional rule was suspended, and bill read second time.

        On motion of Mr. Hooker, of Hinds,

        The bill was referred to the committee on Propositions and Grievances.

        Mr. Terrell, by leave, introduced a bill entitled

        An act in relation to the fees of Jailors.

        On his motion,

        The rule was suspended and bill read second time.

        On his further motion,

        The constitutional rule was suspended and bill read third time,

        And passed with title as stated.

        Mr. Dyer, by leave, introduced a bill to be entitled

        An act to repeal an act in relation to slaves, approved November 29, 1861.

        Read second time.

        Mr. Jones offered an amendment by way of substitute.

        And, on his further motion,

        The bill and substitute was referred to joint committee on Military Affairs.

        Mr. Jones, by leave, introduced a bill entitled

        An act to provide for guaranty, by the State of Mississippi, of the Bonds of the Confederate States.

        On his motion

        The rule was suspended, and the bill read second time by its title.

        And, on his further motion,

        The bill was referred to the joint committee on Military Affairs.

        Mr. Wood asked leave to introduce a bill.

        The bill was read for information, and its introduction


Page 32

objected to because of conflict with rule of order adopted at former day of this session.

        Mr. Chandler offered the following resolution, which was adopted:

        Resolved, That a committee to be composed of five members of the House, be appointed to examine the salt contracts made by the Governor, and to make such report thereof as in their judgment may be demanded.

        The Speaker appointed as said committee, Messrs. Chandler, Tindall, Fall, Lyle and Fox.

        On motion of Mr. Harris,

        The House adjourned to three o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Graham, by leave, introduced a bill entitled

        An act in relation to the redemption of lands and other property sold for taxes.

        On his motion,

        The rule was suspended and bill read second time.

        When, on motion of Mr. Brown,

        The bill was referred the committee on Judiciary.

        Mr. Lyle, by leave, introduced a bill entitled

        An act act to further provide for the public defense.

        On his motion,

        The constitutional rule was suspended and the bill read a second time.

        And on his further motion,

        The rule was suspended, the bill read a third time,

        And passed, with title as stated.

        Mr. Seal, of Hancock, asked leave to introduce a bill.

        The bill was read for information, and its introduction objected to because of conflict with rule of order adopted at former day of this session.

        Mr. Gulley offered the following resolution, which was adopted:

        Resolved, That the committee on Ways and Means be instructed to enquire into the expediency of the State assuming the payment of the tax commonly called the War tax, or whether any method can be devised by which the burden can be removed from the tax payer and the faith and credit of the State still preserved, and to report by bill or otherwise.

        Mr. Magee, of Pike, by leave, introduced a bill to be entitled

        An act to apply the Swamp Land funds of Pike county to the support of indigent families of soldiers in said county.

        On his motion,

        The rule was suspended, the bill read second time.


Page 33

        On his further motion,

        The rule was suspended, and bill read third time,

        And passed, with title as stated.

        Mr. Chandler offered the following resolution:

        Resolved, That when the House adjourn, it will adjourn to meet again on Saturday next at 10 o'clock, A. M.

        Mr. Brown moved to amend by striking out "Saturday" and inserting "Friday."

        On motion of Mr. Thomas,

        The resolution and amendment were laid upon the table.

        Mr. Jones offered the following resolution, which was adopted:

        Resolved, (the Senate concurring,) That Mr. Chandler, of Clark, be added to joint select committee on Military Affairs.

        Mr. Shields called up Senate message, being a bill entitled

        An act in relation to the Penitentiary.

        On his motion,

        The bill was read first time.

        On his further motion,

        The rule was suspended and bill read second time.

        Mr. Fall offered amendment by way of additional section.

        On motion of Mr. Graham,

        The bill and amendment were referred to committee on the Penitentiary.

        His Excellency, the Governor, through his Secretary, Mr. Rives, communicated a message in relation to Hospitals.

        Mr. Graham, by leave, introduced a bill with the following title:

        A bill to be entitled an act to change the militia laws of this State.

        On his motion,

        Rule was suspended, bill read second time by its title.

        Mr. Harper moved to lay on the table.

        On motion of Mr. Fall,

        The House adjourned until to-morrow morning, 10 o'clock.

THURSDAY, December 25, 1862.

        House met pursuant to adjournment.

        Minutes of yesterday read and approved.

        Mr. Brooks asked that the title of a bill which Mr. Seal, of Harrison, offered on yesterday, should be spread upon the Journals.

        Leave was granted.


Page 34

        The following message from the Governor was called up:

EXECUTIVE OFFICE,
Jackson, Miss., Dec. 24, 1862.

Gentlemen of the Senate
and House of Representatives:

        The sick and wounded soldiers from the State of Mississippi demand, at the hands of the Legislature, that attention which will ensure their comfort and proper treatment. The Hospital system of the Confederate States army is necessarily imperfect, and it has failed to give that speedy relief to our suffering soldiery which their cases often imperatively demand. A more perfect, system of Hospitals, perhaps, under existing circumstances, cannot now be established without the assistance of the States themselves. I have good reason to believe that separate State Hospitals, whenever they have been permitted to be established by the Confederate authorities, have done much good. And it is believed, also, that the appointment, by State authority, of skillful and efficient surgeons, to visit the Hospitals in the different departments and see to the condition of our sick and wounded soldiers, would result in much good. I therefore recommend that the Legislature make provision by law for the appointment of at least two competent surgeons--one for the department of Virginia, and the other for the West--whose duty it shall be to attend to the wants of our sick and wounded in their respective departments.

JOHN J. PETTUS.


        Which, on motion of Mr. Shields,

        Was referred to a select committee of five.

        The Speaker appointed as said committee, Messrs. Shields, Jones, Turley, Williams and Hicks.

        Mr. Gaines moved that the House adjourn until to-morrow morning at 9 o'clock.

        Which was lost.

        The following message was received from the Governor:

EXECUTIVE OFFICE,
December 24, 1862.

Gentlemen of the House of Representatives:

        I herewith transmit the report of the acting Chief of Ordnance, in compliance with the resolution of the House passed on the 20th December inst., requiring "a more full and specific statement of the number, condition and description of arms received from the several counties," &c.

JOHN J. PETTUS.


        Which, with accompanying documents, were referred,

        On motion of Mr. Hooker, of Hinds,

        To the joint select committee on Military Affairs.


Page 35

        Mr. McLaurin asked leave of absence for Mr. Harris, of Leake,

        Which was refused.

        Also, leave of absence for Mr. Lyle,

        Which was granted.

        Mr. Tindall asked leave of absence for Mr. Rogers, of Pontotoc,

        Which was granted.

        The following message was received from the Senate:

        MR. SPEAKER--

        I am instructed by the Senate to inform the House of Representatives that they have passed a bill to be entitled an act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations.

        Also, a bill entitled an act to procure salt for the indigent families of soldiers, and for other purposes.

        In which the concurrence of the House is desired.

        On motion of Mr. Hooker, of Hinds,

        The message was taken up, and a bill entitled

        An act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations,

        Was, on his further motion,

        Read first and second time,

        And referred to the committee on the Judiciary.

        Mr. Hooker, of Hinds,

        Called up Senate bill to be entitled

        An act to procure salt for the indigent families of soldiers, and for other purposes.

        On his motion,

        The rule was suspended and bill read first and second time.

        When, on motion of Mr. Graham,

        The House resolved itself into committee of the Whole on the bill.

        Mr. Johnson, of Warren, in the chair.

        After some time spent therein,

        The committee rose, reported the bill back to the House and asked leave to sit again, which was granted.

        Mr. Powe, by leave, introduced the following resolutions, which were unanimously adopted:

        WHEREAS, This House has heard with profound regret and sorrow, the death of Captain A. F. DANTZLER, late a member of this House from the county of Jasper; therefore, be it

        Resolved, That in the death of Mr. Dantzler in the prime and vigor of life, the faithful and patriotic devotion to his country's honor and independence, which he sealed with his


Page 36

blood upon the battle-field at Corinth, in that memorable conflict, entitles his memory to the grateful appreciation of the people of the State.

        Resolved, That the proceedings of this House in relation to the death of Capt. A. F. Dantzler, be communicated to the family of the deceased by the Clerk.

        Resolved, That as a further mark of respect to the memory of the deceased, this House do now adjourn until to-morrow morning at 9 o'clock.

        The Speaker declared the House adjourned until to-morrow morning at 9 o'clock.

FRIDAY, December 26, 1862.

        The House met pursuant to adjournment.

        Journal of yesterday was read and approved.

        On motion of Mr. Shields,

        The call of counties was suspended.

        Mr. Shields, from special committee, made the following report:

        MR. SPEAKER--

        The special committee to whom was referred the Governor's message on the subject of the appointment of medical supervisors for the soldiers of the State of Mississippi, report that they have prepared the accompanying bill, with the recommendation that it do pass.

        On his motion,

        A bill entitled an act to appoint medical supervisors for the sick and wounded soldiers of the State of Mississippi,

        Was read first and second time.

        And, on his further motion,

        The House resolved itself into committee of the Whole,

        Mr. Hicks in the Chair.

        After a short time spent therein,

        The committee rose, reported the bill back to the House with a recommendation that it do pass.

        A division was called for, and the report received.

        When, on motion of Mr. Shields,

        The rule was suspended, the bill read a third time

        And passed with title as stated.

        Mr. McLaurin, from special committee, made the following report:

        MR. SPEAKER--

        The special committee to whom was referred the petition of certain citizens of Smith county, asking that Wm. P.


Page 37

Hutchings, of said county, may be discharged from military service, have considered the same, and a majority of the committee have instructed me to report the bill prepared in conformity with the prayer of the petition submitted herewith, and recommend its passage.

        Which was received.

        Mr. McLaurin moved that the rule be suspended, and bill read the second time.

        Which was lost.

        Mr. Boddie, from the committee on Penitentiary, reported back Senate bill which had been referred to that committee, and asked to be discharged from its further consideration, there being no committee on the part of the Senate.

        On motion of Mr. Fall,

        Senate bill entitled

        An act in relation to the Penitentiary,

        Was called up.

        Mr. Fall offered the following amendment, which was adopted:

        Be it further enacted, That article 31, of chapter 65, of Revised Code, is hereby repealed, and that hereafter the pay of the Guard of the Penitentiary shall be as follows: The Sergeant of the Guard shall receive seventy-five dollars, and the Privates fifty dollars per month, as the Inspectors shall agree, and the Inspectors may appoint one of the Guards as Doorkeeper or Turnkey of the prison at a salary of sixty dollars per month.

        On his motion,

        The rule was suspended, the bill was read a third time,

        And passed with title as stated.

        Mr. Terrell asked leave to introduced a bill,

        Which was refused.

        Mr. Hamer asked leave to introduced a bill.

        Request not granted.

        Mr. Graham moved to suspend the regular order of business with a view to taking up Senate bill to be entitled

        An act to procnre salt for the indigent families of soldiers, and for other purposes.

        On his further motion,

        The House resolved itself into committee of the Whole on the bill.

        Mr. Shields in the Chair.

        After some time spent therein,

        The committee rose, reported the bill, with an amendment, back to the House, and recommended that the bill do pass as amended.

        On motion of Mr. Graham,

        The report was received and agreed to.


Page 38

        On motion of Mr. Thomas,

        The rule was suspended, the bill read a third time,

        And passed as amended.

        Ordered, that the title stand as stated.

        Mr. Jones, from the joint select committee on Military Affairs, moved to suspend the regular order of business to make a report.

        The rule being suspended,

        Mr. Jones made the following report:

        MR. SPEAKER--

        The joint select committee on Military Affairs, to whom was referred a bill to be entitled an act to authorize the impressment of slaves and other personal property for military purposes, have duly considered the same, and have instructed me to report it back to the House, with sundry amendments, and to recommend that the bill, amended as proposed, do pass.

        Which, on his motion,

        Together with accompanying bill and amendments, were made the special order for three o'clock, P. M., this day.

        Mr. Harper, by leave, introduced a bill to be entitled

        An act to increase the manufacture of arms.

        On his motion,

        The rule was suspended, the bill read first and second time.

        And, on his further motion,

        Laid on the table.

        Mr. Shields moved that the House take a recess until half-past 11 o'clock.

        Which was lost.

        The bill to change the militia laws of this State, was taken up.

        On motion of Mr. Graham,

        The rule was suspended, and bill read a second time.

        Mr. Hooker, of Hinds,

        Moved to lay the bill on the table,

        Which motion did not prevail.

        On motion of Mr. Johnson, of Warren,

        The bill was referred to the joint select committee on Military Affairs.

        Mr. Graham offered the following resolution, which was adopted:

        Resolved, That the Governor inform the House why the militia have been called from some counties and not from others; and especially why the militia of the counties of Adams, Wilkinson, Jefferson and Claiborne, are not now in the field, and why all the militia have been called from some counties and only a part from other counties.


Page 39

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed a House bill entitled an act in relation to Executors, Administrators and Guardians, with sundry amendments thereto, in which they ask the concurrence of the House of Representatives.

        They have also passed a House bill entitled a bill for the relief of Capt. Henry Jamison, of Attala county.

        The Senate has also passed bills of the following titles:

        An act for the relief of certain public officers.

        An act to prohibit the distillation of spirits from grain.

        In which the House is asked to concur.

        On motion of Mr. Thomas,

        Senate message just received was taken up.

        And, on motion of Mr. Shields,

        House bill entitled an act in relation to Executors, Administrators and Guardians, with Senate amendments,

        Was referred to Judiciary committee.

        Senate bill entitled,

        An act to prohibit the distillation of spirits from grain, was taken up.

        On motion of Mr. Shields,

        The rule was suspended, bill read two several times,

        And referred to Judiciary committee.

        Senate bill entitled,

        An act for the relief of certain public officers, was taken up.

        On motion of Mr. Thomas,

        The rule was suspended, bill read first and second time,

        And referred to the Judiciary committee.

        On motion of Mr. Johnson, of Warren,

        The House took recess until forty-five minutes past 11 o'clock, A. M., to prepare the Hall for the reception of the President of the Confederate States, General Joseph E. Johnston and his staff, and the Senate.

        The recess having expired,

        The Senate were invited into the Hall.

        The Senate, proceded by the Sergeant-at-Arms, entered the Hall and took the seats assigned them.

        The President of the Confederate States, Gen. Johnston and staff, accompanied by the special committee of the House, Messrs. Johnson, of Warren, Jones and Hooker, entered the Hall. The President was conducted to the Speaker's desk, and was introduced to the Legislature by Hon. Mr. Drane, President of the Senate. He addressed the Legislature, and the large crowd of citizens in attendance, for about one hour and fifteen minutes. At the close of the President's address, General Johnston being conducted to the stand, tendered his thanks for the honor paid him.


Page 40

        On motion of Mr. Wood,

        The House adjourned to 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The special order, a bill entitled an act to authorize the impressment of slaves and other personal property for military purposes,

        Was, on motion of Mr. Jones, taken up.

        The Speaker announced that no quorum was present.

        A call of the House was ordered.

        A quorum being present,

        On motion, the call was suspended.

        On motion of Mr. Johnson,

        The House resolved itself into committee of the Whole.

        Mr. Seal, of Harrison, in the Chair.

        After some time spent therein,

        The committee rose, reported the bill back to the House with sundry amendments, and recommended that the bill as amended do pass.

        On motion of Mr. Jones,

        The report was received and agreed to.

        The amendments were read and adopted seriatim.

        Mr. Miller, of Oktibbeha, offered the following amendment:

        Amend the first section by adding:

        "Provided, That no property of any party in the military service of the Confederacy or the State, shall be impressed without his consent."

        Mr. Chandler offered to amend the amendment by adding after the word "State," "or who has a son in said service."

        On motion of Mr. Hooker, of Hinds,

        The amendment and amendment to the amendment, were laid upon the table.

        On motion of Mr. Jones,

        The rule was suspended, and the bill read a third time.

        Mr. Terrell offered the following additional section by way of ryder:

        SEC.--. Be it further enacted, That in all cases, officers appointed by the Governors, shall, before proceeding to carry out the provisions of this act, in any case, first show authority for doing the same, from the Governor, with the seal of the State thereto attached.

        Which, on motion of Mr. Hooker, of Hinds,

        Was laid on the table.

        The bill being upon its passage,


Page 41

        The yeas and nays were called for by Messrs. Graham, Chandler and Brooks, and decided in the affirmative:

        YEAS--Mr. Speaker, Messrs. Allen, Bardin, Barnes, Boddie, Brown, Buntin, Clark, Deason, Dyer, Edwards of C., Enochs, Eskridge, Fatheree, Fox, Gaines, Gulley, Hamer, Harper, Hicks, Hooker of Hinds, Hooker of Lawrence, Humphreys, Johnson of Warren, Jones, Kirk, Magee of Pike, McDonald, McLaurin, Miller of Oktibbeha, Moore, Nelson, Seal of Harrison, Shelley, Shields, Smith of Lowndes, Terrell, Tindall, Thomas, Turley, Walker, Wells, Withers and Williams of Wilkinson--44.

        NAYS--Messrs. Barton, Brooks, Chandler, Denney, Graham, McElroy, Powe and Semmes--8.

        Mr. Terrell, by leave, introduced a bill entitled

        An act to suspend article 196, of chapter 4, of the Revised Code, in certain counties.

        On his motion,

        The rule was suspended and bill read first and second time.

        And, on his further motion,

        Was referred to the Judiciary committee.

        Mr. Harmer, by leave, introduced a bill entitled

        An act to legalize the assessment of Yazoo county for the year 1862.

        On his motion,

        The rule was suspended and bill read first and second times.

        Mr. Hooker, of Lawrence,

        Moved to amend by adding the county of Lawrence.

        Motion carried and amendment adopted.

        On motion of Mr. Hamer,

        The rule was suspended and the bill read a third time,

        And passed as amended,

        Ordered, that title be amended by the insertion of the word "Lawrence" between "Yazoo" and "county."

        On motion of Mr. Jones,

        The House adjourned until to-morrow morning at 10 o'clock.

SATURDAY, December 27, 1862.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.


Page 42

        Mr. Martin, from the committee on Propositions and Grievances, made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred a resolution condemning the Exemption Law passed at the late session of Congress, have considered the same, and have instructed me to report the same back to the House, with an amendment by way of substitute, with a recommendation that the substitute do pass.

        Which was received and agreed to.

        On his further motion,

        Substitute adopted.

        Mr. Dyer, from the committee on the Judiciary, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act for the relief of certain public officers, have had the same under consideration, and have amended it by striking out "thirty" in the fifth line and inserting "ninety" in lieu thereof, and have instructed me to report the bill, with the amendment thereto, back to the House with a recommendation that the bill, as amended, do pass.

        Which was received and agreed to.

        And, on his further motion,

        The rule was suspended, and bill, as amended, read third time and passed.

        On motion of Mr. Jones,

        Leave of absence, during the session of the House, was granted to the members of the joint Military committee.

        Mr. Dyer, from the Judiciary committee, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act to suspend article 196, of chapter 4, of the Revised Code, in certain counties, have had the same under consideration, and having recommended the passage of another bill on the same subject, they have instructed me to report said first mentioned bill back to the House, with a recommendation that it do not pass.

        Which was received and agreed to.

        Mr. Barton asked a suspension of the constitutional rule with a view to the introduction of a joint resolution, which was refused.

        Mr. Powe, by leave, introduced a bill entitled

        An act to authorize persons who may have sold arms to the State to be paid therefor.


Page 43

        Which was read the first time.

        On his motion,

        The rule was suspended, the bill read the second time by its title,

        And, on motion of Mr. Johnson, of Warren,

        Referred to the committee on Propositions and Grievances.

        Mr. Miller, of Oktibbeha, by leave, introduced a bill to be entitled

        An act in relation to the arms received from the several counties, which have been rejected by the Chief of Ordnance.

        Read first time.

        On his motion,

        The rule was suspended, and bill read second time.

        And on his further motion,

        Referred to the committee on Propositions and Grievances.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed a House bill entitled an act better to provide for the families of our soldiers, with amendments thereto, in which the concurrence of the House is desired.

        The Senate has also passed the House bill entitled an act in relation to the fees of Jailors, with sundry amendments thereto, in which the House is asked to concur.

        Which, on motion of Mr. Johnson, of Warren,

        Was taken up.

        The amendment of the Senate to House bill entitled an act better to provide for the families of our soldiers, was read.

        And, on motion of Mr. Johnson, of Warren,

        Referred to the Judiciary committee.

        The bill in relation to the fees of Jailors,

        Was called up.

        When, on motion,

        The first amendment of the Senate was agreed to.

        Mr. Martin moved that second amendment be concurred in.

        Which was refused.

        On motion of Mr. Thomas,

        The third Senate amendment was concurred in.

        An act in relation to W. P. Hutchings, of Smith county,

        Was read second time.

        And, on motion of Mr. Johnson, of Warren,

        Referred to joint committee on Military Affairs.

        On motion of Mr. Martin,

        The House adjourned until 3 o'clock, P M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Dyer, from the Judiciary committee, made the following report:


Page 44

        MR. SPEAKER--

        The committee on the Judiciary to whom was referred a bill to be entitled an act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations, have had the same under consideration, and have instructed me to report the same back to the House, and recommend that the bill do pass.

        Which was received and agreed to.

        Mr. Jones moved to postpone the further consideration of the bill until Monday morning at 10 o'clock.

        Mr. Graham moved to lay the bill on the table.

        Which was adopted.

        Mr. Jones, from the joint select committee on Military Affairs, made the following report:

        MR. SPEAKER--

        The joint select committee on Military Affairs, to whom were referred the several bills on the subject of the militia of the State, have maturely considered the same, and a majority have instructed me to report the accompanying bill entitled an act to amend the act to revise and reduce into one the militia and volunteer laws of this State, approved January 24, 1862, as a substitute therefor, and to recommend that the substitute bill do pass.

        On his motion, the bill to be entitled

        An act to amend an act to revise and reduce into one the militia and volunteer laws of this State, approved January 24, 1862,

        Was read the first time.

        On his further motion,

        The Constitutional rule was suspended, the bill read the second time.

        Mr. Graham offered amendment by way of substitute.

        On motion of Mr. Jones,

        The bill and substitute were laid on the table, and one hundred copies of each ordered to be printed, and made special order for Monday next at 12 o'clock, M.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed a bill entitled an act to suspend for a limited time the collection of the tax therein named.

        The House is asked to concur in the same.

        The Senate has concurred in the House amendments to Senate bill entitled an act in relation to the Penitentiary.

        The Senate has also passed a bill to be entitled an act to amend an act entitled an act authorizing the issuance of Treasury notes as advances upon cotton, approved December 19, 1861.


Page 45

        In which the concurrence of the House is requested.

        The Senate has concurred in the House amendment to the Senate bill entitled an act for the relief of certain public officers, and insist on their second amendment to the House bill entitled an act in relation to the fees of Jailors.

        Mr. Chandler moved to take up Senate message:

        Senate bill entitled an act to suspend for a limited time the collection of the tax therein named.

        And, on his motion,

        The rule was suspended and the bill read first and second times.

        On motion of Mr. Hooker, of Hinds,

        The House adjourned until Monday morning at 9 o'clock.

MONDAY, December 29, 1862.

        House met pursuant to adjournment.

        Journal of Saturday read and approved.

        Mr. Dyer asked and obtained leave of absence for Mr. Johnson, of Warren, who had been ordered by General Lee to rejoin his command at Vicksburg.

        Mr. Fall asked and obtained leave of absence for Mr. Hooker, of Hinds, for the purpose of joining his command at Vicksburg.

        Mr. Chandler moved a call of the House.

        No quorum being present,

        The Sergeant-at-Arms was sent for absentees.

        A quorum appearing,

        The call was suspended.

        Mr. Jones moved,

        That one hundred additional copies of the bill entitled an act to revise and reduce into one the volunteer and militia laws of the State, and substitute, be printed.

        Which was adopted.

        On motion of Mr. Chandler,

        The vote referring the bill entitled an act to better provide for the families of our soldiers, together with the Senate amendment, to the Judiciary committee, was reconsidered.

        Mr. Chandler offered the following amendment to the Senate amendment:

        Strike out "thirty" in second line, fourth section, and insert "one hundred."

        Which was adopted.


Page 46

        On his further motion,

        The Senate amendment was concurred in.

        Mr. Dyer, from the Judiciary committee, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a Senate bill to be entitled an act to prohibit the distillation of spirits from grain, have had the same under consideration, and have instructed me to report the same back to the House with a recommendation that it do pass.

        Which was received and agreed to.

        Mr. Wood offered the following amendments:

        1st. Amend by inserting the words "sugar or molasses" after the words "or other grain," wherever they occur.

        2d. Strike out "or" and insert "and" between the words "dollars" and "imprisoned" in third line from bottom, and strike out all after the words "six months" in second line from bottom.

        3d. SEC. 2. Be it further enacted, That this act shall take effect from and after the tenth day of January, 1863.

        Mr. Chandler moved to amend the amendment by inserting after the figures "1863," "and shall continue in force twelve months."

        Which was adopted.

        On motion of Mr. Wood,

        The amendment as amended was adopted.

        On motion of Mr. Dyer,

        The bill passed to its third reading.

        Mr. Graham offered the following amendment by way of ryder:

        Be it enacted, That it shall be unlawful to in port into this State any wines or spiritous liquors, whatsoever, except such as may be imported for the use of the medical department of the army.

        Which, on motion of Mr. Jones,

        Was laid on the table.

        Mr. Graham offered the following, by way of ryder:

        Be it enacted, That it shall be unlawful to sell or give away any spiritous liquors in this State, except for medical purposes, during the continuance of the present war.

        Which, on motion of Mr. Dyer,

        Was laid on the table.

        Mr. Tindall offered the following amendment by way of ryder,

        Which was adopted:

        Be it further enacted, That the Governor of this State shall have power, and it shall be his duty, to grant license to distill spirits from grain or other substances as he may deem


Page 47

necessary for medical, mechanical and chemical purposes. And he may arrange that all the spirits that is distilled shall be on State account, and take a guarantee of its purity; Provided, That said spirits, so distilled, shall not be sold to any private person except for medical, mechanical or chemical purposes alone, and at a profit not exceeding one hundred per cent. upon the cost of production.

        Mr. Graham offered the following amendment by way of ryder:

        Be it enacted, That a tax of fifty per cent. shall be assessed and collected, as other taxes, upon the price of all spiritous liquors sold by any person in this State.

        Which, on motion of Mr. Dyer,

        Was laid on the table.

        Mr. Dyer moved that bill be read a third time with view to its passage.

        Upon which he moved the previous question.

        Which being sustained,

        The bill was passed by yeas and nays, called for by Messrs. Graham, Barton and Wood:

        YEAS--Mr. Speaker, Messrs. Allen, Barnes, Billups, Brown, Brooks, Chandler, Clark, Deason, Denney, Dickens, Durr, Dyer, Edwards of Kemper, Edwards of Choctaw, Enochs, Eskridge, Fox, Gaines, Gulley, Hamer, Harper, Harris, Hicks, Hooker of Holmes, Hooker of Lawrence, Humphreys, Irby, Jackson of Amite, Jones, Kirk, Lyle, Martin, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Nelson, Powe, Semmes, Shields, Smith of Lowndes, Strong, Terrell, Thomas, Walker, Wells, Withers, Williams of Wilkinson, and Wood--50.

        NAYS--Messrs. Barton, Bardin, Batte, Buntin, Graham, Magee of Pike, Moore, Seal of Harrison, Seal of Hancock, Tindall and Turley--11.

        On motion of Mr. Dyer,

        The title was amended by the addition of "sugar and molasses."

        Mr. Dyer, from the Judiciary committee, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act to prevent the distillation of corn or other grain, molasses or sugar, with several amendments thereto, have had the same under consideration, and having recommended the passage of another bill on the same subject, they have, therefore, instructed me to report said first named


Page 48

bill, with the amendments thereto, back to the House, and recommend that it do not pass.

        Which was received and agreed to.

        Mr. Jones, from joint select committee on Military Affairs, made the following report:

        MR. SPEAKER--

        The joint select committee on Military Affairs, to whom was referred a bill to be entitled an act to provide for a guaranty by the State of Mississippi, of the bonds of the Confederate States, have maturely considered the same, and have instructed me to report it back to the House, with certain amendments, and to recommend that as amended, the bill do pass.

        Which was received and agreed to.

        On motion of Mr. Jones,

        The bill was read second and third times, and passed by yeas and nays, as follows:

        YEAS--Mr. Speaker, Messrs. Bardin, Barnes, Batte, Billups, Boddie, Brown, Buntin, Chandler, Clark, Dale, Deason, Denney, Dickens, Durr, Dyer, Edwards of Kemper, Edwards of Choctaw, Enochs, Eskridge, Fall, Fox, Gaines, Graham, Gulley, Hamer, Harper, Harris, Hicks, Hooker of Holmes, Hooker of Lawrence, Humphreys, Irby, Jackson, of Amite, Jones, Kirk, Lyle, Martin, McDonald, McElroy, Miller of Oktibbeha, McLaurin, Moore, Nelson, Powe, Seal of Harrison, Seal of Hancock, Semmes, Shields, Smith of Lowndes, Strong, Terrell, Tindall, Thomas, Turley, Walker, Wells, Withers, Williams of Wilkinson, and Wood--60.

        NAYS--None.

        Ordered, that title stand as stated.

        Mr. Jones, from the joint select committee on Military Affairs, made the following report:

        MR. SPEAKER--

        The joint select committee on Military Affairs, to whom was referred a substitute bill to be entitled an act to repeal an act entitled an act in relation to slaves, and also to repeal article 39, section 8, 33d chapter of the Revised Code, have duly considered the same, and have instructed me to report it back to the House with certain amendments, and to recommend that as amended, the bill do pass.

        Which was received and agreed to.

        On motion of Mr. Jones,

        The bill was read the third time.

        Mr. Graham offered the following amendment by way of ryder:

        Be it enacted, That this act shall take effect when Congress shall repeal so much of the Exemption act as provides for


Page 49

the exemption from military service of any person for or on account of his ownership or control of any slave or slaves.

        Which was lost.

        On motion of Mr. Jones,

        The bill passed by yeas and nays called for by Messrs. Graham, Deason and Kirk:

        YEAS--Messrs. Allen, Bardin, Batte, Billups, Boddie, Brooks, Buntin, Chandler, Clark, Denney, Dickens, Durr, Dyer, Edwards of Kemper, Fall, Fox, Gaines, Gulley, Hamer, Harper, Hicks, Hooker of Holmes, Hooker of Lawrence, Humphreys, Irby, Jackson of Amite, Jones, Lyle, Martin, Magee of Pike, McDonald, McElroy, Nelson, Powe, Semmes, Shields, Terrell, Tindall, Thomas, Turley, Walker, Wells and Withers--43.

        NAYS--Messrs. Barton, Deason, Edwards of Choctaw, Enochs, Graham, Kirk, McLaurin, Miller of Oktibbeha, Seal of Hancock, Smith of Lowndes, and Williams of Wilkinson--11.

        Ordered, that title stand as stated.

        On motion of Mr. Tindall,

        The House adjourned to three o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Jones moved to take up the special order of the day, viz:

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of this State.

        Which motion was lost.

        On motion of Mr. Chandler,

        The unfinished business was taken up, viz:

        A bill to suspend for a limited time the collection of the tax therein named.

        Mr. Harper, offered the following amendment:

        SEC. 2. Be it further enacted, That the certificates of loan or Treasury Notes of this State, the payment of which is secured by the tax the collection of which is hereby suspended, shall bear interest at the rate of ten per cent. per annum after maturity, until paid.

        On motion of Mr. Deason,

        The amendment was laid on the table, by yeas and nays, called for by Messrs. Deason, Shields and Turley, viz:

        YEAS--Messrs. Allen, Barton, Bardin, Barnes, Batte, Boddie, Chandler, Clark, Deason, Denney, Dickens, Durr, Edwards of Kemper, Edwards of Choctaw, Enochs, Fall, Fox, Graham, Harris, Hicks, Hooker of Holmes, Hooker of Lawrence, Humphreys, Jackson of Amite, Lyle, Martin, Magee


Page 50

of Pike, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Moore, Nelson, Seal of Harrison, Seal of Hancock, Semmes, Smith of Lowndes, Tindall, Walker, Wells, Williams of Wilkinson, and Wood--42.

        NAYS--Mr. Speaker, Messrs. Brown, Brooks, Dyer, Eskridge, Gaines, Gulley, Hamer, Harper, Irby, Jones, Kirk, Powe, Shields, Strong, Thomas, Turley and Williams of Wilkinson--19.

        Mr. Miller, of Oktibbeha, offered the following amendment:

        Strike out "until twelve months after the close of the present war between the Confederate States and the United States," and insert "until the first day of January, 1864."

        Which, on motion of Mr. Seal, of Harrison,

        Was laid on the table.

        Mr. Seal, of Harrison, moved to refer the bill to the Judiciary committee.

        Which motion was lost.

        On motion of Mr. Chandler,

        The bill was read the third time and put upon its passage, and decided in the affirmative by yeas and nays, called for by Messrs. Seal, of Harrison, Eskridge and Harper, viz:

        YEAS--Messrs. Allen, Barton, Bardin, Barnes, Batte, Boddie, Buntin, Chandler, Clark, Deason, Durr, Edwards of Kemper, Edwards of Choctaw, Enochs, Fatheree, Fox, Graham, Gulley, Harris, Hicks, Hooker of Lawrence, Jackson of Amite, Kirk, Lyle, Martin, Magee of Pike, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Moore, Semmes, Smith of Lowndes, Terrell, Walker, Wells, and Williams of Wilkinson--37.

        NAYS--Mr. Speaker, Messrs. Billups, Brown, Denney, Dyer, Eskridge, Fall, Gaines, Hamer, Harper, Hooker of Holmes, Humphreys, Jones, Nelson, Powe, Seal of Harrison, Seal of Hancock, Shields, Strong, Tindall, Thomas, Turley, Withers and Wood--24.

        Mr. Dyer, from the Judiciary committee, made the following reports:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act to authorize Tax Collectors to receive in payment of the military tax all funds receivable for other State taxes, have had the same under consideration, and a majority of the committee have instructed me to report it back to the House with a recommendation that it do not pass.

        Which, on his motion,

        Was received and agreed to.

        MR. SPEAKER--

        The committee on the Judiciary to whom was referred a


Page 51

bill to be entitled an act to extend the provisions of the Stay Law to probating of notes, accounts, &c., in the Probate Courts of this State, have had the same under consideration, and having recommended the passage of another bill on the same subject, they have instructed me to report the bill back to the House, and ask to be discharged from its further consideration.

        Which, on motion,

        Was received and agreed to.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed House bills entitled as follows:

        An act to further provide for the public defense.

        A bill to be entitled an act to authorize the removal of the Judicial and other public records of counties, and for other purposes, with amendments thereto,

        In which the concurrence of the House is desired.

        Also, an act to legalize the assessment of Yazoo and Lawrence counties for the year 1862, with amendments to the same, in which they desire the concurrence of the House.

        The Senate have adopted sundry amendments to the House amendments to the Senate bill entitled an act to procure salt for the indigent families of soldiers, and for other purposes.

        The House is asked to concur in said amendments.

        The Senate have disagreed to the House amendment to Senate amendments to the House bill entitled an act better to provide for the families of our soldiers.

        The Senate has adopted an amendment, by way of substitute, to the joint resolution of the House in relation to the Exemption Law passed by the Confederate Congress, in which they ask the concurrence of the House.

        On motion of Mr. Chandler,

        The House adjourned until to-morrow morning at 9 o'clock.

TUESDAY, December 30, 1862.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        The following message was received from the Senate: MR. SPEAKER--

        The following members of the joint committee on Claims, have been appointed on the part of the Senate, viz:

        Messrs. Jordan, Brown and Loper.


Page 52

        Mr. Dyer asked leave of absence for Mr. Buntin,

        Which was granted.

        On motion of Mr. Chandler,

        The Senate messages were taken up.

        A bill to be entitled an act to remove the Judicial and other public records of counties, and for other purposes, was taken up.

        On motion of Mr. Brown,

        The Senate amendments were concurred in.

        An act to legalize the assessment of Yazoo and Lawrence counties for 1862, was taken up.

        On motion of Mr. Thomas,

        The Senate amendment was concurred in.

        An act to be entitled an act to procure salt for the indigent families of soldiers, was called up.

        On motion of Mr. Chandler,

        The House insisted upon its amendment to the Senate amendment.

        House resolution in relation to the Exemption Act, was called up.

        On motion of Mr. Graham,

        The House refused to concur in the Senate substitute to said resolution.

        Mr. Terrell, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined House bills of the following titles, and having found the same correctly enrolled, have this day presented them to his Excellency, the Governor, for his approval and signature, to-wit:

        An act for the relief of Capt. Henry Jamison, of Attala county.

        An act to further provide for the public defense.

        Mr. Dyer, from the committee on the Judiciary, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act in relation to Executors, Administrators and Guardians, and certain Senate amendments thereto, have had the same under consideration, and have amended the Senate amendments as follows, and have instructed me to report the bill back to the House, as amended by them, and recommend that the bill as amended do pass.

        Which, on his motion,

        Was received and agreed to.

        And, on his further motion,

        The Senate amendment as amended, was concurred in.


Page 53

        Mr. Dyer, from the Judiciary committee, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act in relation to the redemption of land or other property sold for taxes, have had the same under consideration, and having recommended the passage of another bill on the same subject, they have instructed me to report the first mentioned bill back to the House, and ask to be discharged from its further consideration.

        Which was received and agreed to.

        Mr. Martin, from the committee on Propositions and Grievances, made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred a bill to authorize persons who may have sold arms to the State to be paid therefor, have had the same under consideration, and have instructed me to report the same back to the House with a recommendation that it do pass.

        Which was received and agreed to.

        On motion of Mr. Powe,

        The bill entitled an act to authorize persons who may have sold arms to the State to be paid therefor,

        Was read the third time, and passed with title as stated.

        Mr. Martin, from the committee on Propositions and Grievances, made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred a bill in relation to the arms received from the several counties which have been rejected by the Chief of Ordance, have had the same under consideration and instructed me to report the same back to the House, with a recommendation that it do pass.

        Which was received and agreed to.

        And, on his motion,

        A bill to be entitled an act in relation to the arms received from the several counties, which have been rejected by the Chief of Ordnance,

        Was read the third time, and passed with title as stated.

        On motion of Mr. Wood,

        The regular order of business was suspended, and the bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State, was called up.


Page 54

        On motion of Mr. Thomas,

        The House resolved itself into committee of the Whole,

        Mr. Thomas in the Chair.

        After a short time spent therein,

        The committee rose, reported progress, and asked leave to sit again at 3 o'clock, P. M.

        Mr. McElroy, by leave, introduced a bill to be entitled

        An act to provide further means for the support of indigent families of our soldiers.

        On his motion,

        The Constitutional rule was suspended, the bill read the first and second times,

        And referred to the committee on Propositions and Grievances.

        Mr. Hicks asked leave to introduce a bill,

        Which was refused.

        Mr. Harper called from the table a bill to be entitled

        An act to increase the manufacture of arms.

        On his motion,

        The House resolved itself into committee of the Whole,

        Mr. Martin, in the Chair.

        After a short time spent therein,

        The committee rose, reported the bill back to the House with a recommendation that it do pass.

        Which was adopted.

        Mr. Smith, of Lowndes, asked leave to introduced a bill,

        Which was refused.

        Mr. Jackson, of Amite, asked leave to introduced a bill,

        Which was refused.

        On motion of Mr. McElroy,

        The House adjourned to 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        On motion of Mr. Dyer,

        The Senate was requested to return a bill to be entitled an act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations, which had been inadvertently communicated to that body by the Clerk of the House.

        On motion of Mr. Jones,

        The special order for 3 o'clock, P. M., was taken up, being a bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        On his further motion,

        The House resolved itself into committee of the Whole on said bill,


Page 55

        Mr. Thomas in the Chair.

        After some time spent therein,

        The committee rose, reported progress, and asked leave to sit again to-morrow morning at 9 o'clock,

        Which was agreed to.

        The following message was received from the Senate:

        MR. SPEAKER--

        I am instructed by the Senate to inform the House of Representatives that the Senate insists on their disagreement to the House amendment to a Senate amendment to a House bill entitled an act better to provide for the families of our soldiers, and ask a committee of conference thereon, and have appointed as said committee on the part of the Senate, Messrs. Gordon, Cummings and Ellett.

        I am instructed by the Senate to return to the House a bill to be entitled an act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations, in compliance with the request of the House this day.

        The Senate has passed a House bill entitled an act to authorize persons who may have sold arms to the State to be paid therefor.

        On motion of Mr. Barton,

        The House adjourned until to-morrow morning at 9 o'clock.

WEDNESDAY, December 31, 1862.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        On motion of Mr. Chandler,

        The regular order of business was suspended, and Senate message taken up.

        On motion of Mr. Chandler,

        The House agreed to request of Senate that a committee of conference be appointed on disagreement between the two Houses on House bill entitled an act better to provide for the families of our soldiers.

        The Speaker appointed as said committee, Messrs. Chandler, Wood, Semmes, Martin, and Miller, of Oktibbeha.

        Mr. Bardin offered the following resolution:

        Resolved, (the Senate concurring,) The two Houses adjourn, sine die, on to-morrow, the first of January, at 3 o'clock, P. M.


Page 56

        Mr. Turley moved to lay the resolution on the table,

        Which motion was lost.

        The resolution was then adopted.

        Mr. Withers from the committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined and found correctly enrolled, bills of the following titles, and have laid the same before the Governor for his approval, to-wit:

        An act to authorize the removal of the Judicial and other public Records of counties, and for other purposes.

        An act to legalize the assessment in the counties of Yazoo, Lawrence and Carroll.

        The following messages were received from the Senate:

        MR. SPEAKER--

        The Senate has adopted an amendment, by way of substitute, for the House bill entitled an act to appoint medical supervisors for the sick and wounded soldiers of the State of Mississippi, in which they ask the concurrence of the House.

        Said substitute is entitled, an act to authorize the appointment of two medical commissioners to specially attend the sick and wounded soldiers from this State in the Confederate army, and for other purposes.

        The Senate have insisted upon their amendment, by way of substitute, for the joint resolution of the House, disapproving a certain portion of the Confederate Exemption Law.

        The Senate has refused to concur in the House amendments to the Senate amendments to a House bill in relation to Executors, Administrators and Guardians.

        The Senate has passed a House bill entitled an act to increase the manufacture of arms.

        The Senate has refused to agree to the report of the committee of conference appointed to consider the disagreeing votes of the two Houses on the bill entitled an act better to provide for the families of our soldiers, and insisted upon their disagreement to the House amendment to the Senate amendment to said bill, and ask for another conference thereon, and have appointed as said committee on the part of the Senate, Messrs. Luckett, Huie and Poindexter.

        Mr. Dyer, from the Judiciary committee, made the following report:

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act to tax unauthorized issues of paper money, have had the same under consideration, and have made the following amendments thereto, and have instructed me to


Page 57

report the bill, with the amendments, back to the House, and recommend that the bill as amended to pass.

        Which, on his motion,

        Was received and agreed to.

        On motion of Mr. Dyer,

        The bill entitled an act to tax unauthorized issues of paper money,

        Was read the third time, and passed with title as stated.

        On motion of Mr. Shields,

        The Senate bill entitled an act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations, was taken up,

        Read third time, and passed with title as stated:

        Mr. Graham offered the following resolution, which was adopted:

        Resolved, That the Auditor inform the House upon what basis he distributed the fund for the support of indigent families of soldiers among the several counties, and whether the data for the distribution was obtained from the lists furnished by the Boards of Police, or from the lists in the Adjutant General's office.

        Mr. Harper called up the unfinished business of yesterday, being a bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        Mr. Harper moved that the House resolve itself into committee of the whole,

        Which was lost.

        Mr. Harper offered a substitute for the substitute offered by Mr. Graham.

        Mr. Chandler moved a suspension of the further consideration of the bill, with a view to take up Senate message in relation to the report of the committee of Conference.

        Mr. Chandler, from the committee of Conference, made the following report:

        MR. SPEAKER--

        The committee of Conference appointed to consider the disagreeing votes of the two Houses on the bill entitled an act better to provide for families of our soldiers, have duly considered the matters referred to them, and have instructed me to report the following recommendation, to-wit: That the Senate amendment be amended in the second line of the fourth section by striking out the word "thirty" and by inserting the words "seventy-five," and that the Senate amendment as thus amended be agreed to by the House.

        Mr. Chandler moved that the report be received and agreed to.

        A division being called for, the report was received.


Page 58

        The House refused to agree to the report.

        On motion of Mr. Chandler,

        A committee of Conference, consisting of five members, was appointed to meet Senate committee appointed to consider the disagreeing vote of the two Houses on the bill entitled an act better to provide for the families of our soldiers.

        The Speaker appointed as said committee, Messrs. Hooker, of Holmes, Bardin, Lyle, Strong and Boddie.

        Mr. Shields called up bill appointing medical supervisors,

        And, on his motion,

        The substitute of the Senate was adopted.

        Mr. Jones, by leave, introduced a bill entitled

        An act to aid in strengthening the army of the Confederate States.

        And on his motion,

        The constitutional rule was suspended and bill read second time.

        On his further motion,

        The bill was referred to the joint select committee on Military Affairs.

        On motion of Mr. Turley,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        There being no quorum present,

        On motion of Mr. Martin,

        A call of the House was ordered.

        No quorum appearing,

        On motion of Mr. Seal, of Harrison,

        The Sergeant-at-Arms was sent for absentees.

        A quorum appearing,

        The call was suspended.

        The unfinished business was taken up, being the substitute offered by Mr. Harper for the substitute offered by Mr. Graham to bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        On motion of Mr. Chandler,

        The substitute was laid on the table.

        Mr. Graham moved the adoption of the substitute entitled

        An act to change the militia system of the State,

        Which was lost.

        Mr. Hicks offered an amendment, by way of substitute, for original bill, being a bill entitled an act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.


Page 59

        Mr. Chandler offered, by way of amendment, a substitute bill.

        A bill to be entitled

        An act to amend the militia laws and to aid the Confederate authorities in defending the State.

        On motion of Mr. Hooker, of Holmes,

        The further consideration of the bill was postponed.

        Mr. Hooker, from the committee of Conference, made the following report:

        MR. SPEAKER--

        The joint committee of Conference, to whom was referred a bill to be entitled an act better to provide for the families of our soldiers, would respectfully report that they have had the same under consideration, and have instructed me to report that the committee unanimously recommend that said bill be amended by striking out "one hundred" and insert "fifty" in lieu thereof, and recommend that said bill thus amended, do pass.

        Which, on his motion,

        Was received and agreed to.

        The Speaker presented to the House the following communication from the Auditor of Public Accounts:

AUDITOR'S OFFICE,
Jackson, Miss., Dec. 31, 1862.

To Hon. J. P. Scales,
Speaker of the House of Representatives:

        SIR--In compliance with a resolution of the House of Representatives, this day received, I have the honor to report that the basis of distribution of the State Military Relief Fund, for the year 1861, was as follows, to-wit:

        Each county receiving its pro rata distribution of said fund according to the number of volunteers reported. The reports of the number of volunteers were received from the Boards of Police of the several counties of the State, with the exception of the counties of Panola, Adams, Claiborne, Harrison and Coahoma. The report of the number of volunteers in said last mentioned counties was received from the Adjutant-General, Col. Jones S. Hamilton, as per his report now on file in this office.


        On motion of Mr. Hooker of Holmes,

        The House adjourned until 7 o'clock, P. M.

7 O'CLOCK, P. M.

        House met.

        Mr. Terrell from the committee on enrolled bills, made the following report:


Page 60

        MR. SPEAKER--

        The committee on enrolled bills have examined House bills of the following titles, and found the same correctly enrolled, and have presented the same to the Governor for his approval, to-wit:

        An act to increase the manufacture of arms.

        An act to authorize persons who may have sold arms to the State to be paid therefor.

        The following message was received from the Governor:

EXECUTIVE, OFFICE,
Dec. 31, 1862.

MR. SPEAKER--

        His Excellency, the Governor, has signed and approved House bills entitled

        An act to authorize the removal of the Judicial and other public Records of counties, and for other purposes.

        An act for the relief of Capt. Henry Jamison, of Attala county.

        An act to legalize the assessment of the counties of Yazoo, Lawrence and Carroll.

        An act further to provide for the public defense.


        On motion of Mr. Dyer,

        The Senate message was called up.

        On motion of Mr. Dyer,

        The House refused to concur in Senate amendment offered as substitute for House resolution disapproving of a certain portion of the Exemption Law of the Confederate Congress.

        On motion of Mr. Shields,

        The House insisted upon its amendment to Senate amendment to House bill in relation to Executors, Administrators and Guardians.

        Mr. Miller, of Oktibbeha, offered the following resolution, which was adopted:

        Resolved, That the Secretary of State be requested to inform the House why the Acts and Journals of the last regular session of the Legislature have not been distributed as required by law.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed a bill entitled an act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State, in which they ask the concurrence of the House of Representatives.

        The Senate have agreed to the report of the last appointed committee of Conference to consider the disagreement between the two Houses in relation to the House amendment to Senate amendment to House bill entitled an act better to provide for the families of our soldiers. The recommendation


Page 61

of said committee agreed to by the Senate, is as follows: That the words "one hundred" be stricken out of the eighth line of the first section of said bill, and that the word "fifty" be inserted in lieu thereof.

        Mr. Graham called up Senate message.

        On motion of Mr. Graham,

        Senate bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State,

        Was read the first time.

        On motion of Mr. Dyer,

        The constitutional rule was suspended, and bill read the second time.

        On motion of Mr. Strong,

        The House resolved itself into committee of the Whole on the bill,

        Mr. Seal, of Harrison, in the Chair.

        After some time spent therein,

        The committee rose, reported progress, and asked leave to sit again at 9 o'clock to-morrow morning.

        On motion of Mr. Terrell,

        The House adjourned until to-morrow at 9 o'clock, A. M.

THURSDAY, January 1, 1863.

        The House met pursuant to adjournment.

        Journal of yesterday was read and approved.

        Mr. Dyer, by leave, introduced the following resolution:

        Resolved, That the thanks of this House are due and are hereby tendered to the Hon. J. P. Scales, for the courteous, dignified, able and impartial manner in which he has presided over its deliberations during the present session.

        Which was adopted.

        Mr. Gulley, by leave, introduced the following resolution:

        Resolved, That the thanks of this House are hereby tendered to R. C. Miller, Esq., Clerk of the House, the Assistant Clerk and the Sergeant-at-Arms, for the courteous and satisfactory manner in which they have discharged the duties of their offices during the present term.

        Which was adopted.

        Mr. Jones, from joint select committee on Military Affairs, made the following report:

        MR. SPEAKER--

        The joint select committee on Military Affairs, to whom


Page 62

was referred a bill to be entitled an act to aid in strengthening the army of the Confederate States, have had the same under consideration, and have instructed me to report the bill back to the House and recommend its passage.

        Which was received and agreed to.

        On motion of Mr. Jones,

        The bill entitled an act to aid in strengthening the army of the Confederate States, was read the third time,

        And passed with title as stated.

        On motion of Mr. Wood,

        The unfinished business was called up, being Senate bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        On motion of Mr. Thomas,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Thomas in the Chair.

        After some time spent therein,

        The committee rose, reported progress, and asked leave to sit again at 3 o'clock, P. M.

        Which was granted.

        On motion of Mr. Graham,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        The House met pursuant to adjournment.

        The Speaker presented the following communication from the Secretary of State:

OFFICE OF SECRETARY OF STATE,
Jackson, Miss., Jan. 1, 1863.

Hon. J. P. Scales,
Speaker of the House of Representatives:

        SIR--I am in receipt of a resolution of the House of Representatives, requesting to be informed "why the Acts and Journals of the last regular session of the Legislature have not been distributee as required by law. In reply, I state as the reason "why the Laws and Journals of the last regular session of the Legislature have not been distributed according to law," that the Public Printer has failed to deliever the Acts and Journals according to law. The Acts were delivered some two or three months since. A portion of the Journals were delivered within the last two weeks. A portion of them have not yet been delivered. I did not distribute the Acts when delivered, because I did not wish to make a partial distribution.



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        The following message was received from the Governor:

EXECUTIVE OFFICE,
Jackson, Miss., Jan. 1, 1863.

Gentlemen of the House of Representatives:

        I herewith transmit to you the report of Col. A. M. West, Quartermaster-General of the state of Mississippi. At the time I transmitted to you the reports of the heads of the other military departments of this State, the report of Colonel West had not been handed in. And even now, the report has not been signed, for the reason that the Quartermaster-General--after preparing his report--was called away to his famlly in Holmes County, where he was taken violently ill, and has not since been able to resume his duties. The report is, however, official, and shows the operations in the Quarter-master's department in the State, since the eleventh day of February, 1862.

JOHN J. PETTUS.


        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have refused to concur in the Joint Resolution adopted by the House for the adjournment of the two Houses this day at 3 o'clock, P. M.

        The Senate have passed a bill entitled

        An act amendatory of an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        The House is asked to concur in the same.

        The Senate have passed bills of the following titles in which the House is asked to concur, viz:

        A bill to be entitled an act supplementary to the act entitled an act to suspend for a limited the collection of the tax therein named.

        A bill to be entitled an act to authorize the Southwestern Telegraph Company to issue change notes or tickets.

        The Senate have passed the House bill entitled an act to provide for a guaranty, by the State of Mississippi, of the bonds of the Confederate States.

        And have also passed House bill entitled an act to authorize the impressment of slaves and other personal property for military purposes, with sundry amendments thereto, in which the concurrence of the House is desired.

        The Senate have concurred in the first, second and fifth amendments of the House to a Senate bill entitled an act to prohibit the distillation of spirits from grain, and have concurred in the third amendment of the House to said bill, with an amendment thereto, and have refused to concur in the fourth amendment of the House to said bill.

        The Senate adheres to their disagreement to House amendments to Senate amendments to House bill entitled an act in relation to Executors, Administrators and Guardians, and ask


Page 64

a committee of Conference thereon, and have appointed as said committee on the part of the Senate, Messrs. Luckett, Ellett and Poindexter.

        The Senate insists on their amendments, by way of substitute, to a joint resolution of the House disapproving a certain portion of the Exemption Law of the Confederate Congress, and ask a committee of Conference to consider the same, and have appointed Messrs. Yerger, Moore and Loper as said committee on the part of the Senate.

        The Senate has adopted a joint resolution entitled joint resolution in relation to cotton burnt or destroyed, in which the House is asked to concur. Said resolution requires the appointment of a joint committee to prepare a memorial to Congress, &c. Messrs. Yerger, Poindexter and Luckett have been appointed, on the part of the Senate, on said committee.

        On motion of Mr. Hicks,

        The unfinished business was taken up, it being Senate bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        On motion of Mr. Hicks,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Thomas in the Chair.

        After some time spent therein,

        The committee rose, reported progress, and asked leave to sit again.

        Which was agreed to.

        On motion of Mr. Bardin,

        The House adopted the following resolution:

        Resolved, (The Senate concurring,) That the Legislature adjourn sine die on to-morrow, January 2d, at 3 o'clock, P. M.

        Mr. Dickens offered the following resolution:

        Resolved, That any member absenting himself from the House, without leave, will incur the censure of the same, and shall be promptly arrested by the Sergeant-at-Arms.

        Which was adopted.

        On motion of Mr. Hooker, of Holmes,

        The House resolved itself into committee of the Whole upon Senate bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State,

        Mr. Thomas in the Chair.

        After some time spent therein,

        The committee rose, reported bill back to the House, with amendments, and recommended that the bill as amended do pass.

        Which was received and agreed to.


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        On motion of Mr. Hooker, of Holmes,

        The bill was read the third time.

        Mr. Strong offered the following amendment by way of ryder:

        Amend by striking out all exemptions in this bill and the bill to which this is an amendment, except such Judicial and State officers as are necessary to hold the regular terms of the courts of the country and fill the Executive offices of the State.

        Which was lost.

        Mr. Jones offered the following amendment by way of ryder.

        Amend by way of ryder by adding the following section:

        SEC.--. All who have heretofore furnished substitutes in the service of the State, or of the Confederate States; and all persons who have been discharged from the service of the Confederate States shall be subject in each and every particular to the operation of this act.

        Which was lost.

        Mr. Bardin moved the previous question,

        Which being sustained,

        The bill was passed by yeas and nays called for by Messrs. Graham, Gulley and Deason, as follows:

        YEAS--Mr. Speaker, Messrs. Bardin, Batte, Billups, Boddie, Brooks, Clark, Deason, Dickens, Durr, Edwards of Choctaw, Enochs, Fall, Fatheree, Fox, Gaines, Gunn, Harper, Harris, Hicks, Hooker of Holmes, Hooker of Lawrence, Humphreys, Irby, Jackson of Amite, Lyle, Martin, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Moore, Nelson, Powe, Seal of Harrison, Shields, Smith of Tishomingo, Tindall, Thomas, Turley, Wells, Withers, Wood, and Williams of Wilkinson--44.

        NAYS--Messrs. Brown, Edwards of Kemper, Graham, Gulley, Hamer, Jones, Seal of Hancock, and Strong--8.

        Ordered, that the title stand as stated.

        On motion of Mr. Thomas,

        The Governor's message and accompanying documents were referred to the joint standing committee on Military Affairs.

        On motion of Mr. Thomas,

        The House adjourned until 7 o'clock, P. M.

7 O'CLOCK, P. M.

        House met.

        Mr. Shields called up Senate message, being a bill entitled

        An act amendatory of an act to revise and reduce into one the militia and volunteer laws of the State.

        Which, on motion of Mr. Chandler,

        Was laid on the table.


Page 66

        A bill to be entitled an act supplementary to the act entitled an act to suspend for a limited time the collection of the tax therein named,

        Was read the first time.

        On motion of Mr. Hooker, of Holmes,

        The rule was suspended and bill read second time.

        On his further motion,

        The rule was suspended, and bill read third time,

        And passed, with title as stated.

        Senate bill entitled an act to authorize the Southwestern Telegraph Company to issue change notes or tickets,

        Was, on motion of Mr. Chandler, rejected.

        On motion of Mr. Shields,

        Senate amendments to House bill entitled

        An act to authorize the impressment of slaves and other personal property for militiary purposes,

        Were concurred in.

        Senate bill entitled an act to prohibit the distillation of spirits from grain, was called up.

        Pending consideration of Senate amendment thereto,

        On motion of Mr. Graham,

        A call of the House was had.

        No quorum appearing,

        On motion of Mr. Chandler,

        The House adjourned until to-morrow morning at 9 o'clock

FRIDAY, Jan. 2, 1863.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        Messrs. Lyle, Martin and Powe asked leave to change their votes on the passage of a bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State,

        Which was granted.

        On motion of Mr. Wood,

        The unfinished business was taken up, being the consideration of Senate amendment to House amendment to Senate bill entitled

        An act to prohibit the distillation of spirits from grain.

        On motion of Mr. Wood,

        The House concurred in the following Senate amendment:

        Amend the third amendment of the House of Representatives by striking out the words "and shall continue in force twelve months."


Page 67

        Mr. Tindall moved that the House insist upon fourth amendment disagreed to by the Senate.

        And on motion of Mr. Wood,

        A committee of Conference, consisting of three, was appointed on the disagreement of the two Houses on said amendment.

        The Speaker appointed as said committee Messrs. Wood, Martin and Harper.

        On motion of Mr. Shields,

        A committee of Conference of five, to meet Senate committee on disagreement of the two Houses on House bill entitled an act in relation to Executors, Administrators and Guardians, was appointed by the Chair, consisting of Messrs. Shields, Hicks, Miller, Chandler and Tindall.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed a House bill entitled an act to tax unauthorized issues of paper money.

        The Senate have also passed House bill entitled an act to aid in strengthening the army of the Confederate States, with sundry amendments thereto, in which the concurrence of the House is desired.

        The Senate have concurred in the House amendments to Senate bill entitled an act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State, with various amendments to the said House amendments.

        The House is asked to concur in the same.

        Mr. Shields moved a call of the House,

        There being no quorum present,

        On motion of Mr. Thomas,

        The Sergeant-at-Arms was sent for absentees.

        A quorum appearing,

        On motion of Mr. Wood,

        The call was suspended.

        Mr. Hooker, of Holmes, called up Senate message in relation to Senate bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        Mr. Thomas moved to concur in first Senate amendment:

        Amend by way of additional section:

        Be it further enacted, That the Major General, when in active service, shall be entitled to the same staff with officers of the like rank in the service of the Confederate States; and that the law fixing the salary of the Major General, be and the same is hereby repealed.

        Which was lost.

        On motion of Mr. Harper,


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        The second and third amendments were agreed to.

        And on motion of Mr. Deason,

        The House refused to concur in fourth amendment, which was as follows:

        Amend by additional section:

        Be it further enacted, That the Governor may, in his discretion, detail any persons liable to militia duty who may seek to be detailed, upon proper showing, by affidavit, that the person seeking to be detailed is the owner, overseer, agent or manager of a plantation and twenty or more negroes, and that his presence or that of some other suitable person is absolutely necessary in order to secure the proper management of the same, and that he is not able to procure the services of a suitable person over the age of fifty or under the age of eighteen years to manage and control the same; Provided, the person owning the same shall be required, for such privilege, in addition to his other taxes, to pay a special tax of thirty per cent. upon his State tax upon the property which the party is detailed to take charge of, to be collected by the Sheriff of his county at the same time that the State tax is collected, which said special tax when collected shall be paid into the State Treasury to be distributed as other funds for the benefit of indigent families of soldiers; and the Governor may, in his discretion, detail a suitable person, subject to militia duty, to manage and control the plantation and negroes belonging to any unmarried woman or minor, upon proper showing, by affidavit, that she or they are unable to procure the services of a suitable person over fifty or under eighteen years of age to manage or control the same, upon the payment of a similar tax as above, to be collected and distributed as above provided.

        Mr. Seal, of Harrison,

        Moved to reconsider the vote by which the House refused to concur in first Senate amendment.

        Which was lost.

        On motion of Mr. Hicks,

        The fifth and sixth amendments were concurred in.

        Mr. Edwards, of Kemper,

        Moved the appointment of a committee of Conference on the disagreement of the two Houses on Senate amendments,

        Which was lost.

        On motion of Mr. Chandler,

        The joint resolution of the Senate in relation to cotton burnt or destroyed,

        Was laid on the table.

        Mr. Jones called up Senate message in relation to House bill entitled

        An act to aid in strengthening the Confederate States army.


Page 69

        And on his motion,

        The Senate amendments were concurred in.

        Mr. Martin, from the committee on Propositions and Grievances, made the following report:

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred a bill to provide further means for the support of the indigent families of our soldiers, have had the same under consideration, and have instructed me to report the same back to the House with a recommendation that the same do pass, with an amendment: Amend by filling the blank with "one."

        Which was received.

        Mr. Martin moved to amend report of the committee by striking out "one" and inserting "five."

        Mr. Wood moved to amend by inserting "ten."

        Mr. Chandler moved to amend the amendment to the amendment by inserting "twenty-five."

        Which was lost by yeas and nays, called for by Messrs. Hooker, of Holmes, Hamer and Turley, viz:

        YEAS--Messrs. Bardin, Chandler, Deason, Durr, Edwards of Choctaw, Enochs, Gulley, Gunn, Harris, Martin, McElroy, McLaurin, Nelson, Powe, Seal of Harrison, Seal of Hancock, Smith of Tishomingo, Tindall and Wells--19.

        NAYS--Mr. Speaker, Messrs. Batte, Billups, Boddie, Brown, Brooks, Clark, Dickens, Edwards of Kemper, Fall, Fatheree, Fox, Hamer, Harper, Hicks, Hooker of Holmes, Humphreys, Irby, Jackson of Amite, Jones, Lyle, McDonald, Miller of Oktibbeha, Moore, Shields, Smith of Lowndes, Strong, Thomas, Turley, Withers, Williams of Wilkinson, and Wood--32.

        On motion of Mr. Harper,

        The regular order of business was suspended and the following resolution adopted:

        Resolved, (the Senate concurring,) That General Joseph E. Johnston be requested to address the two Houses, in secret session, on the condition of military affairs, immediately.

        On motion of Mr. Jones,

        The regular order of business was suspended, and the vote of the House concurring in Senate amendments to House bill entitled an act to strengthen the army of the Confederate States, was reconsidered.

        On motion of Mr. Jones,

        The House refused to concur in said Senate amendment.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have concurred in the joint resolution of the


Page 70

House requesting General Joseph E. Johnston to address the two Houses, in secret session, immediately, and have adopted the following resolution, in which the concurrence of the House is desired:

        Resolved, (the House concurring,) That a committee of two on the part of the Senate, and----on the part of the House, be appointed to wait on General Johnston, and conduct him to the Hall of the House of Representatives. Messrs. Poindexter and Davis have been appointed as said committee on the part of the Senate.

        Mr. Harper moved that the Senate message just received be concurred in,

        Which was adopted.

        The Chair appointed as said committee, Messrs. Harper, Seal, of Harrison, and Tindall.

        On motion of Mr. Harper,

        The House took a recess of five minutes to prepare the Hall for the reception of the Senate to the end that the two Houses, in secret convention, be addressed by General Joseph E. Johnston, made in request of both Houses.

        The recess having expired, the House resumed its session.

        The Senate, preceded by the Sergeant-at-Arms, entered the Hall and took the seats assigned them.

        General Joseph E. Johnston, escorted by the joint committee of both Houses, entered the Hall and was conducted to the Speaker's desk.

        On motion of Mr. Harper,

        The convention resolved itself into secret session.

        After a short time the doors were opened,

        Wen, on motion of Mr. Ellett, Senator from Claiborne,

        The thanks of the joint convention were tendered General Johnston for his courtesy in complying with the invitation of the two Houses, and for the interesting and valuable information communicated to them.

        Hon. Mr. Drane, Senator from Choctaw, moved that as the object for which the two Houses had assembled in joint convention was accomplished, that it be now dissolved.

        Which was adopted.

        The Senate having retired, the House resumed the consideration of the unfinished business, being the amendment of Mr. Wood to fill the blank with "ten."

        Mr. Bardin moved to lay the amendment and bill on the table,

        Which was lost by yeas and nays, called for by Messrs. Smith, of Lowndes, Fall and Turley:

        YEAS--Messrs. Bardin, Batte, Boddie, Brown, Brooks, Dickens, Edwards of Kemper, Fall, Hamer, Hicks, Hooker of Holmes, Humphreys, Irby, Jackson of Amite, Seal of


Page 71

Hancock, Shields, Smith of Lowndes, Strong, Thomas, Turley and Withers--21.

        NAYS--Mr. Speaker, Messrs. Billups, Chandler, Clark, Deason, Durr, Edwards of Choctaw, Enochs, Fatheree, Fox, Gaines, Gulley, Gunn, Harper, Harris, Jones, Lyle, Martin, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Nelson, Powe, Seal of Harrison, Smith of Tishomingo, Tindall, Wells, Williams of Wilkinson and Wood--31.

        Mr. Brown offered the following amendment:

        Amend by adding this proviso, viz:

        Provided, however, That no person exempt from service in the Confederate army, who shall be taken into the military service under the militia law of the State shall be subject to such tax.

        Mr. Hooker, of Holmes, offered the following substitute for the amendment:

        Insert after twenty negroes, in first section, "and a like tax upon the negroes of all other persons not in the military service of the Confederate States."

        Mr. Chandler moved to lay the substitute and amendment on the table.

        A division being called for,

        The question was taken on the adoption of the substitute.

        No quorum appearing,

        On motion of Mr. Bardin,

        The House adjourned to three o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The unfinished business was taken up, being the motion to lay on the table the substitute offered by Mr. Hooker of Holmes,

        Which was lost.

        Mr. Fatheree offered the following substitute for amendment offered by Mr. Brown:

        Provided, That the said tax shall not be levied or collected from those persons who shall serve in the militia six months or more.

        Which was adopted.

        On motion of Mr. Chandler,

        The bill was read the third time and passed, by yeas and nays, called for by Messrs. Hooker of Holmes, Brown and Shields:

        YEAS--Mr. Speaker, Messrs. Chandler, Clark, Deason, Durr, Edwards of Choctaw, Enochs, Fatheree, Fox, Gaines, Gulley, Gunn, Harper, Harris, Jackson of Amite, Jones, Lyle, Martin, McDonald, McElroy, McLaurin, Moore, Nelson,


Page 72

Powe, Seal of Harrison, Seal of Hancock, Shields, Smith of Tishomingo, Tindall, Wells and Wood--31.

        NAYS--Messrs. Bardin, Batte, Billups, Boddie, Brown, Brooks, Dickens, Edwards of Kemper, Fall, Hamer, Hooker of Holmes, Humphreys, Irby, Miller of Oktibbeha, Shields, Smith of Lowndes, Strong, Thomas, Turley, Withers and Williams of Wilkinson--22.

        Ordered, that title stand as stated.

        Mr. Hooker, of Holmes, offered the following resolution:

        Resolved, That the Doorkeeper be instructed to close the door and not permit members to leave the House while the same is in session, unless by leave of the House.

        Mr. Harper offered the following substitute, which was adopted:

        Resolved, That the Doorkeeper, in view of the difficulty of keeping a quorum, be required to guard the door to prevent any member from leaving the House without leave, and the Sergeant at-Arms to attend the departure of trains to prevent members leaving until the adjournment of the Legislature.

        Mr. Withers from the committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills, beg leave to report that they have examined and found correctly enrolled bills of the following titles, and have laid the same before the Governor for his approval:

        An act to authorize the appointment of two medical commissioners to especially attend to the sick and wounded soldiers from this State, in the Confederate army, and for other purposes.

        An act better to provide for the families of our volunteers.

        An act to provide for a guaranty, by the State of Mississippi, of the bonds of the Confederate States.

        On motion of Mr. Chandler,

        The House adjourned until 7 o'clock, P. M.

7 O'CLOCK, P. M.

        House met.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have concurred in the request of the House of Representatives for a committee of Conference upon the fourth amendment of the House to the Senate bill entitled an act to prohibit the distillation of spirits from grain, and have appointed Messrs. Gordon and Ellett as a committee on the part of the Senate.


Page 73

        The Senate insist upon their first and fourth amendments to the House amendments to the Senate bill entitled an act to revise and reduce into one the militia and volunteer laws of the State, and ask a conference of the two Houses thereon, and have appointed Messrs. Starke and Ellett as said committee on the part of the Senate.

        The Senate insists upon their amendments to House bill entitled an act to aid in strengthening the army of the Confederate States, and request a conference thereon, and have appointed as a committee of conference on the part of the Senate, Messrs. Gordon and Poindexter.

        The Senate have agreed to the following reports of the committee of Conference on the disagreement of the two Houses on the fourth amendment of the House to a Senate bill entitled an act to prohibit the distillation of spirits from grain, viz: The committee recommend that the House recede from their fourth amendment to Senate bill entitled an act to prohibit the distillation of spirits from grain.

        The Senate have also agreed to the report of the committee of Conference recommending that the House do recede from its amendments to Senate amendments to a House bill entitled an act in relation to Executors, Administrators and Guardians.

        Mr. Wood, from the committee of Conference, on the part of the House, made the following report:

        MR. SPEAKER--

        The committee of Conference upon the disagreement of the two Houses upon the fourth House amendment to a Senate bill entitled an act to prohibit the distillation of spirits from grain, have had the same under consideration, and have agreed to recommend that the House of Representatives do recede from their said fourth amendment.

        Which was received.

        Mr. Wood moved that the report be agreed to.

        Mr. Tindall moved a call of the House.

        No quorum appearing,

        Mr. Strong moved that the Sergeant-at-Arms be sent after absentees.

        Mr. Martin moved a suspension of the call.

        On motion of Mr. Martin,

        The House adjourned until to-morrow at 9 o'clock, A. M.

SATURDAY, January 3, 1863.

        The House met pursuant to adjournment.

        Journal of yesterday was read and approved.


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        Mr. Hooker, of Holmes, moved a suspension of the regular order of business with a view of taking up Senate message.

        The unfinished business was taken up, being the report of the committee of Conference upon House amendment to Senate bill entitled an act to prevent the distillation of spirits from grain.

        On motion of Mr. Wood,

        The House concurred in the report.

        Mr. Harper offered the following resolution:

        Resolved, That the Speaker be directed not to sign any certificate for pay for any member who shall be absent at the adjournment of this House, without special leave of absence previously obtained for the remainder of the session.

        Which was adopted.

        Mr. Hicks called up Senate message asking committee of Conference on the disagreement of the two Houses on Senate amendments to a bill entitled

        An act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State.

        Mr. Hicks moved to concur in first Senate amendment,

        Which was adopted by yeas and nays, called for by Messrs. McLaurin, Seal, of Harrison, and Martin:

        YEAS--Mr. Speaker, Messrs. Batte, Billups, Boddie, Brooks, Clark, Dickens, Eskridge, Fatheree, Fox, Gaines, Hamer, Harper, Hicks, Hooker of Holmes, Humphreys, Irby, Jackson of Amite, Jones, Lyle, Miller of Oktibbeha, Moore, Nelson, Shields, Smith of Tishomingo, Smith of Lowndes, Strong, Tindall, Thomas, Turley, Wells, Williams of Wilkinson, and Wood--33.

        NAYS--Messrs. Bardin, Brown, Chandler, Deason, Durr, Edwards of Kemper, Edwards of Choctaw, Enochs, Gulley, Gunn, Harris, Martin, McDonald, McElroy, McLaurin, Powe, Seal of Harrison, Seal of Hancock, and Withers--19.

        Mr. Hicks moved to concur in fourth Senate amendment.

        Mr. Deason moved the previous question,

        Which was lost, by yeas and nays called for by Messrs. Martin, Deason and Chandler:

        YEAS--Mr. Speaker, Messrs. Boddie, Brown, Gaines, Hamer, Hicks, Hooker of Holmes, Humphreys, Shields, Smith of Lowndes and Thomas--11.

        NAYS--Messrs. Bardin, Batte, Billups, Brooks, Chandler, Clark, Deason. Dickens, Durr, Edwards of Kemper, Edwards of Choctaw, Enochs, Eskridge, Fatheree, Fox, Gulley, Gunn, Harper, Harris, Irby, Jackson of Amite, Jones, Lyle, Martin, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Moore, Nelson, Powe, Seal of Harrison, Seal of Hancock, Smith of


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Tishomingo, Tindall, Turley, Wells, Withers, Williams of Wilkinson, and Wood--39.

        Mr. Hicks moved that the House concur in request of Senate for a committee of Conference on the disagreement of the two Houses on the military bill, and that the committee on part of House consist of three.

        Which was adopted.

        The Speaker appointed as said committee Messrs. Hicks, Chandler and Hamer.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have concurred in the joint resolution of the House for adjournment, with an amendment thereto: to strike out Friday, 3 o'clock, P. M., and insert Saturday, the 3d inst., at 3 o'clock, P. M., in which they ask the concurrence of the House.

        On motion of Mr. Bardin,

        The House took a recess of fifteen minutes.

        The recess having expired, the House was called to order.

        Mr. Hicks, from the committee of Conference, made the following report:

        MR. SPEAKER--

        The committee of Conference on the disagreeing votes of the two Houses on the bill to amend the militia and volunteer laws of the State, have considered the subject, and have agreed to the following report, to-wit:

        That the additional section adopted by the Senate as an amendment to the bill from the House, be amended by striking out all after the enacting clause and inserting the following, to-wit: That if upon a sufficient showing in writing, the Governor shall believe that the public interest, or the safety of any part of the people would be promoted by permitting any person ordered or drafted into the service, to remain at home, he shall have the power to excuse such person from the said service. And that the House do agree to the Senate amendment so amended, and that the Senate agree to the said amendment recommended by the committee of Conference.

        Which was received.

        On motion of Mr. Hicks,

        The report was agreed to.

        And, on his further motion,

        The House concurred in fourth Senate amendment to House amendment to military bill.

        Mr. Jones, called up Senate message asking committee of Conference on the disagreement of the two Houses on Senate amendment to House bill entitled

        An act to aid in strengthening the army of the Confederate States.


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        On motion of Mr. Chandler,

        The following Senate amendments to said bill were concurred in, viz:

        1st. Amend the bill by striking out the first section.

        2d. Amend the second section by striking out the words "said marshals" in the second line, and inserting the words "the Sheriff of every county in this State by himself or his deputies."

        3d. Amend the third section by striking out the word "marshal" in the second line, and inserting the word "sheriff," and also strike out the word "marshal" in the thirteenth line, and insert "sheriff."

        4th. Amend the fourth section, by striking out the word "marshal" in the third line, and inserting "sheriff."

        5th. Amend the fifth section by striking out all after the enacting clause to and including the words "of the Govornor" in the fourteenth line; and by inserting after the word "failure" in the fifteenth line, the words "by any sheriff," and by striking out all of said section five after the words "discretion of the court" in the eighteenth line.

        6th. Amend the sixth section by striking out the word "marshals" where it occurs, and insert "sheriffs."

        7th. Amend section seven by striking out the word "sheriff" in the second line, and also by striking out the word "marshal" where it occurs in said seventh section, and inserting the word "sheriff."

        8th. Insert between sections seven and eight, the following additional section:

        SEC.--. Be it further enacted, That every sheriff shall take the receipt of the proper officer of the Confederate government for every conscript, deserter, straggler or absentee without leave, whom he may arrest and deliver to such officer, and shall be entitled to five dollars for every such person delivered by him to such Confederate officer; and the Auditor shall issue his warrant therefor on the production of such receipt; and such sheriffs shall also be entitled to receive from the State Treasury the actual expenses incurred by him in the arrest and delivery of such conscripts, stragglers, deserters, or absentees without leave, for which the Auditor shall issue his warrant on the production to him of a detailed account of said expenses, sworn to by the sheriff or deputy sheriff by whom the said expenses were incurred.

        9th. Amend the bill by striking out section nine.

        The following message was received from the Governor:

EXECUTIVE OFFICE,
Jackson, Miss., Jan. 4, 1863.

MR. SPEAKER--

        His Excellency, the Governor, has signed and approved


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House bills entitled, an act to authorize the appointment of two medical commissioners to especially attend to the sick and wounded soldiers from this State in the Confederate army, and for other purposes.

        An act to increase the manufacture of arms.

        An act to authorize persons who have sold arms to the State to be paid therefor.

        An act better to provide for the families of our soldiers.


        Mr. Bardin called up Senate message in relation to adjournment.

        And on his motion,

        The resolution was adopted.

        Mr. Shields, from the committee of Conference on the disagreement of the two Houses on Senate amendment to House bill in relation to Executors, Administrators and Guardians, made the following report:

        MR. SPEAKER--

        The committee on the part of the House, appointed to confer with the Senate committee on the bill in relation to Executors, Administrators and Guardians, report that they have had a conference, and recommend that the House do recede from their disagreement to the Senate amendments to said bill.

        Which was received and agreed to.

        On motion of Mr. Shields,

        The House concurred in Senate amendment to said bill.

        Mr. Fatheree, by leave, introduced a bill entitled

        An act to repeal section twenty-two of an act entitled an act to revise and reduce into one the militia and volunteer laws of the State, approved January 24, 1862, and for other purposes.

        On motion of Mr. Shields,

        The bill was laid on the table.

        Mr. Clark, from the committee on Claims, introduced a bill entitled,

        An act making certain appropriatious therein named.

        And on his motion,

        The rule was suspended, and bill read second time.

        On motion of Mr. Harris,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Hicks in the Chair.

        After a short time spent therein,

        The committee rose, reported the bill back to the House with a recommendation that it do pass.

        On motion of Mr. Thomas,

        The report was received and agreed to.

        On motion of Mr. Clark,

        The rule was suspended, and the bill read a third time,

        And passed with title as stated.


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        On motion of Mr. Edwards, of Kemper,

        The House adjourned until half-past 1 o'clock, P. M.

HALF-PAST ONE O'CLOCK, P. M.

        The House met pursuant to adjournment.

        The following message was received from the Governor, through his private Secretary, Mr. Rives:

EXECUTIVE OFFICE,
Jackson, Miss., Jan. 3, 1863.

Gentlemen of the Senate
and House of Representatives:

        The most responsible office, and one involving more hazard and labor than any other in the militia of the State, is the office of Quartermaster General, combining the responsibilities and labor of Commissary and Paymaster General. I regard the salary of fifteen hundred dollars ($1500,) as wholly inadequate to the risk and labor of this office, and recommend that the field pay of Colonel be given for the performance of this duty. I furthermore recommend that the pay of the Adjutant General be raised also to the pay of Colonel.

JOHN J. PETTUS.


        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have agreed to the report of the committee of conference in relation to disagreement of the two Houses on the 4th amendment of the Senate to House amendments to Senate bill entitled an act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of the State. The committee recommend the following amendment to the said fourth amendment of the Senate: Strike out all after the enacting clause and insert the following:

        "That if upon a sufficient showing in writing, the Governor shall believe that the public interest or the safety of any part of the people would be promoted by permitting any person ordered or drafted into the service to remain at home, he shall have power to excuse such person from the said service."

        The Senate have adopted joint resolutions entitled preamble and resolutions explanatory of the reasons inducing the Legislature to suspend for a limited time the collection of the military tax imposed by ordinance of the Convention.

        The Senate have passed House bill entitled an act making certain appropriations therein named, with amendments thereto, in which the House is asked to concur.

        Mr. Thomas called up joint resolution of the Senate entitled preamble and resolution explanatory of the reasons


Page 79

inducing the Legislature to suspend for a time the collection of the military tax imposed by ordinance of the Convention.

        On motion of Mr. Thomas,

        The rule requiring joint resolutions to lay on the table one day, was suspended.

        On his further motion,

        The preamble and resolutions were adopted.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed a bill entitled an act relative to the compensation of Quartermaster and Adjutant-General, in which the House is asked to concur.

        On motion of Mr. Strong,

        The Senate message just received, was taken up.

        On motion of Mr. Hicks,

        Senate bill entitled an act relative to the compensation of the Quartermaster General and Adjutant-General,

        Was read the first time.

        On his further motion,

        The rule was suspended, the bill read the second time.

        Mr. Martin moved to lay the bill on the table.

        Upon which motion the yeas and nays were called for by Messrs. Martin, McLaurin and Enochs:

        YEAS--Messrs. Bardin, Brooks, Chandler, Clark, Durr, Edwards of Kemper, Edwards of Choctaw, Enochs, Fox, Gulley, Gunn, Harris, Jackson of Amite, Martin, McDonald, McElroy, McLaurin, Moore, Nelson, Powe, Tindall, Thomas and Wells--23.

        NAYS--Mr. Speaker, Messrs. Batte, Billups, Boddie, Brown, Deason, Dickens, Eskridge, Fatheree, Gaines, Hamer, Harper, Hicks, Hooker of Holmes, Humphreys, Irby, Jones, Lyle, Miller of Oktibbeha, Seal of Harrison, Seal of Hancock, Shields, Smith of Tishomingo, Smith of Lowndes, Strong, Turley, Withers, Williams of Wilkinson, and Wood--27.

        No quorum voting,

        Mr. Harper moved a call of the House.

        A quorum appearing,

        On motion of Mr. Thomas,

        The call was suspended.

        The following message was received from the Governor:

EXECUTIVE OFFICE,
Jan. 3d, 1863.

MR. SPEAKER--

        His Excellency, the Governor, has signed and approved House bills entitled:

        An act to tax unauthorized issues of paper money.


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        An act to provide for a guaranty by the State of Mississippi of the bonds of the Confederate States.

        An act to authorize the impressment of slaves and other personal property for military purposes.

        An act in relation to Executors, Administrators and Guardians.


        Mr. Thomas called up Senate message on appropriation bill.

        Mr. Clark moved to reject Senate amendments,

        Which was lost.

        On motion of Mr. Thomas,

        The following Senate amendments were concurred in:

        Amend article 3d by striking out "nineteen" and inserting "twenty;" and by striking out "thirty eight" and inserting "forty." Also, amend article 3d by adding the following words: "And to our faithful negro man Jeffrey, for his own use, the sum of ten dollars."

        Mr. Withers from the committee on enrolled bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined bills of the following titles, and found the same correctly enrolled, and have laid the same before the Governor for his approval, viz:

        An act to authorize the impressment of slaves and other personal property for military purposes.

        An act to tax unauthorized issues of paper money.

        An act in relation to Executors, Administrators and Guardians.

        An act to aid in strengthening the army of the Confederate States.

        An act making certain appropriations therein named.

        Mr. Jones offered the following joint resolution, which was adopted:

        Resolved, (The Senate concurring,) That a committee of five on the part of the House, and----on the part of the Senate, be appointed to wait on the Governor and ascertain from him if he desires to make any further communication to either House.

        The Chair appointed as said committee Messrs. Jones, Tindall, Dickens, Irby and Strong.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have concurred in the joint resolution of the House appointing a joint committee to wait on the Governor and ascertain from him if he desires to make any further communication to either House, and have filled the blank with three, and appointed as said committee on the part of the Senate, Messrs. Moore, Starke and Jordan.


Page 81

        The following message was received from the Governor:

EXECUTIVE OFFICE,
Jan. 3, 1863.

MR. SPEAKER--

        His Excellency, the Governor, has signed and approved House bills entitled:

        An act making certain appropriations therein named.

        An act to aid in strengthening the army of the Confederate States.


        Mr. Jones, from the committee appointed to wait on the Governor, reported that they had discharged the duty assigned to them, and that the Governor informed them that he had no further commnnication to make.

        Mr. Jones offered the following resolution:

        Resolved, That the Clerk of the House inform the Senate that the House is now ready to adjourn sine die.

        Which was adopted.

        The hour fixed for adjournment, (three o'clock, P. M.,) having arrived, the Speaker announced the House adjourned sine die.


Page 83

HOUSE JOURNAL,
REGULAR SESSION, NOV. 1863.

        At a regular session thereof, begun and holden in the city of Columbus, in the county of Lowndes, State of Mississippi, in pursuance of the proclamation of the Governor declaring that on account of the exposed condition of the city of Jackson it was impracticable to hold the regular session of the Legislature at that place, on Monday, the second day November, Anno Domini, one thousand eight hundred and sixty-three, and of the sovereignty of the State of Mississippi the forty-sixth.

MONDAY, November 2, 1863.

        Be it remembered, That on this day, at the place aforesaid, the members of the House of Representatives convened in the Court House in the city of Columbus at 12 o'clock, M., and were called to order by R. C. Miller, Clerk.

        On motion of Mr. Ragan, of Claiborne,

        Mr. A. B. Bradford of Bolivar, was called to the Chair.

        On motion of Mr. Tindall, of Monroe, R. C. Miller, of Clark, was appointed Clerk pro tem.

        The counties being called alphabetically, the following gentlemen produced their credentials and were severally sworn in and entered upon the discharge of their duties:

        From the county of

        Amite--Moses Jackson.

        Attala--E. M. Wells, S. H. Clark.

        Bolivar--A. P. Bradford.

        Calhoun--Charles A. Lewers, M. D. L. Stephens.


Page 84

        Carroll--W. W. Liddell.

        Chickasaw--C. C. M. Marable, B. B. Moore.

        Choctaw--Thomas Fox, George M. Archer.

        Claiborne--Joseph Regan.

        Clark--D. P. Bestor.

        Coahoma--J. L. Alcorn.

        Copiah--W. M. Deason.

        Covington--Thomas Pope.

        DeSoto--M. D. Johnson, H. O. Allen.

        Green--S. O. McKay.

        Hancock--D. Seal.

        Harrison--R. Seal.

        Holmes--A. M. Sessions, B. T. Owen.

        Itawamba--M. Pounds, J. D. Barton, Wm. Downs.

        Jackson--W. G. Evans.

        Jasper--W. T. Powe.

        Jones--Amos Deason.

        Kemper--P. H. Gulley, H. C. Robinson.

        Lafayette--Jacob Thompson, N. A. Isom.

        Lawrence--Hymerick Hooker.

        Lowndes--J. M. Arnold, A. Murdock.

        Madison--W. B. Lott.

        Marion--T. B. Foxworth.

        Marshall--J. W. C. Watson, E. W. Upshaw, J. R. Daniel, James Fort.

        Monroe--Jno. L. Tindall, L. E. Houston.

        Neshoba--W. A. McKay.

        Noxubee--J. M. Cunningham.

        Oktibbeha--J. G. Carroll.

        Panola--F. B. Irby, W. C. Maxwell.

        Pontotoc--T. B. Dillard.

        Rankin--B. F. Sutton.

        Scott--Jno. R. Hendon.

        Smith--G. W. Stubbs.

        Sunflower--James Minter.

        Tallahatchie--W. S. Eskridge.

        Tippah--F. S. Wier, W. E. Rogers, B. Johnson.

        Wayne--Henry Gray.

        Wilkinson--Joseph Johnson.

        Winston--R. D. Brown.

        Yallobusha--J. Buntin.

        Yazoo--J. W. Barnett.

        Mr. Lewers moved that the House take a recess till 3 o'clock, P. M.,

        Which motion was lost.

        The House then proceeded to the election, of Speaker, Messrs. Minter and Allen acting as tellers.

        Mr. Ragan nominated J. L. Alcorn, of Coahoma.


Page 85

        Mr. Eskridge nominated Jacob Thompson, of Lafayette.

        Mr. Daniel nominated Lock E. Houston, of Monroe.

        Mr. Gulley nominated Roderick Seal, of Harrison.

        Mr. Carroll nominated A. Murdock, of Lowndes.

        On the first ballot

        Neither gentleman having received a majority of all the votes cast the House proceeded to a second ballot, the names of Jacob Thompson and A. Murdock being withdrawn.

        On the second ballot

        Mr. Lock E. Houston having received a majority of all the votes cast, was declared to be duly and constitutionally elected Speaker of the House of Representatives for the term of two years.

        The Chairman appointed Messrs. Watson, Thompson and Minter to conduct the Speaker elect to the Chair.

        The Speaker then returned his thanks to the House for the honor conferred.

        On motion of Mr. Thompson,

        Robert C. Miller, of Clark, was declared Clerk by acclamation, who having taken the usual oath entered upon the duties of his office.

        The House then proceeded to the election of Doorkeeper.

        Mr. Murdock nominated Lewis Green, of Lowndes.

        On the first ballot

        Mr. Worrell having received a majority of all the votes cast was declared duly and constitutionally elected Doorkeeper of the House of Representatives.


Page 86

        On motion of Mr. Archer,

        The Clerk was instructed to inform the Senate that the House has met and organized by the election of Lock E. Houston, of Monroe, Speaker, Robert C. Miller, of Clark, Clerk, and W. C. Worrell, of Lowndes, Doorkeeper, and is now ready to proceed to business.

        Mr. Alcorn asked and obtained leave of absence.

        On motion of Mr. Thompson,

        The House adjourned until to-morrow morning at 9 o'clock.

TUESDAY, November 3, 1862.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        The following gentlemen presented their credentials and were sworn in as members of the House.

        From the county of

        Copiah--Samuel J. Morehead.

        DeSoto--Wm. A. Boon.

        Hinds--J. T. Rucks.

        Lauderdale--J. R. McLaurin, W. G. Grace.

        Perry--Hiram Hathorn.

        Pontotoc--John A. McNeil, S. D. Pinson, S. J. High.

        Rankin--W. K. Easterling.

        Tishomingo--J. M. Prewitt, Robert Lowry.

        Washington--J. N. Fowler.

        On motion of Mr. Seal, of Harrison,

        Resolved, That the rules of the House adopted at the last session of the Legislature be adopted as the permament rules of this House, and that each member be furnished with a copy.

        The Speaker appointed Jacob Dickinson and Richard Hudson as pages of the House.

        Mr. Regan offered the following resolution, which was adopted:

        Resolved, That the resident Clergymen of the city of Columbus be invited to open the sessions of this House every morning with prayer.

        On motion of Mr. Tindall,

        The House took a recess till 12 o'clock, M.

12 O'CLOCK, M.

        Recess having expired the House was called to order by the Speaker.


Page 87

        The following message was received from the Senate, through their Secretary, Mr. Porter:

        MR. SPEAKER--

        I am instructed by the Senate to report the following resolutions which have been adopted by that body:

        Resolved, That the Secretary is instructed to inform the House of Representatives that the Senate has organized by the election of James Drane, President, D. P. Porter, Secretary, and B. L. Smith, Doorkeeper.

        Resolved, (the House concurring,) That a committee of three on the part of the Senate, and----on the part of the House, be appointed to wait on his Excellency, the Governor, and inform him that the two branches of the Legislature have met at the time appointed by the Constitution of the State, and at the place designated in his proclamation, and that the two Houses have organized and are now ready to receive any communication that he may have to make.

        The President has appointed Messrs. Greer, Patton and Oliver as the committee for the above purpose on the part of the Senate.

        On motion of Mr. Seal, of Harrison,

        The message from the Senate was taken up, the blank filled with five, and the resolutions concurred in.

        The Speaker appointed as the committee on the part of the House, Messrs. Seal, of Harrison, Thompson, Bradford, Regan and Johnson, of Wilkinson.

        Mr. E. W. Dale, representative elect from the county of Tunica, presented his credentials, was sworn in and took his seat.

        Mr. Seal, of Harrison, offered the following joint resolution:

        Resolved, (The Senate concurring,) That the two Houses proceed to the election of a Sergeant-at-Arms at half-past 12 o'clock to-day.

        The rules being suspended, said resolution was adopted.

        Mr. Regan offered the following resolution:

        Resolved, (the Senate concurring,) That the two Houses meet in joint convention on Tuesday, the 10th of November, for the purpose of electing one Senator to the Confederate States Congress to fill the vacancy occasioned by the expiration of the term of the Hon. James Phelan.

        Which was read once, and laid over till to-morrow morning.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have concurred in the joint resolution of the House in relation to the election of Sergeant-at-Arms this day at half-past twelve o'clock.

        The committee appointed on the part of the House to wait


Page 88

on his Excellency, the Governor, through their chairman, Mr. Seal, of Harrison, made the following report:

        MR. SPEAKER--

        The joint committee appointed to wait on the Governor, report that they have discharged the duty imposed on them, and are informed by the Governor that he will forthwith make a communication in writing.

        The following message was received from the Governor, through his private Secretary, Mr. Rives:

EXECUTIVE OFFICE,
Columbus, Miss., Nov. 3, 1863.

MR. SPEAKER--

        I am directed by his Excellency, the Governor, to deliver to you his message in writing, with the accompanying reports and documents.

        The hour having arrived, the two Houses met in joint convention for the purpose of electing a Sergeant-at-Arms.


        On motion of Mr. Oliver, of the Senate,

        The joint convention proceeded to the election of Sergeant-at-Arms by ballot.

        Mr. Bradford, of the House, nominated D. R. Corley, of Tishomingo.

        Mr. Moore, of the Senate, nominated G. P. Killian, of Lowndes.

        The President appointed Messrs. Wilson, of the Senate, and Brown, of the House, as tellers.

        On the first ballot

        D. R. Corley was therefore declared duly elected Sergeant-at-Arms for this Legislature, and the oath was administered by the President.

        The President of the Senate declared the joint convention dissolved, and the Senate retired.

        On motion of Mr. Allen,

        The House adjourned till 2 o'clock, P. M.

TWO O'CLOCK, P. M.

        House met pursuant to adjournment.

        On motion of Mr. Regan,

        The Governor's message was taken up and read.


Page 89

GOVERNOR'S MESSAGE.

        [The various reports referred to in the following message
will be found in the Appendix to this Journal.
--PRINTER.]

EXECUTIVE OFFICE,
Columbus, Mississippi, Nov. 3, 1863.

Gentlemen of the Senate
and House of Representatives:

        Since the last meeting of the Legislature, Mississippi has been made the theatre of a continued war; and notwithstanding the many sacrifices of her citizens, and the efforts of the army sent for her protection, a large portion of her territory has been overrun by the Federal army, and much of her property has been destroyed and large quantities carried away. Their superior numbers have enabled the enemy to overrun large districts of country, but they have not as yet been able to occupy permanently but an inconsiderable portion of the territory of Mississippi. Corinth, Vicksburg and Natchez, with a few square miles surrounding each, is all that they can justly claim as being within their lines. The advance of heavy columns of the enemy upon the city of Jackson early in May last, at a time when we had no adequate force for its protection, rendered it necessary, in my opinion, to remove the archives and public property of the State, as far as I was able, from Jackson to Enterprize, where the seat of government was temporarily established. Since the first occupation of Jackson by the enemy, Vicksburg has fallen, and the Federals have been again in possession of the capital of the State, and it has remained in such an exposed position, that I deemed it unsafe to return with the archives and other public property. I therefore established the seat of government temporarily, first at Meridian, and more recently for the convenience of suitable buildings for offices, at Macon.

        The ordeal through which the State of Mississippi has been called to pass has been one of sore tribulation, and well calculated to test the loyalty of her citizens. There have been a flood of rumors as to the disloyalty of particular districts and localities of the State, but I have received no reliable information of any considerable disaffection in any quarter. It is


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perhaps true that some individuals, taking counsel of their fears, have taken the oath of allegiance to, and sought the protection of the government of the United States. But the great heart of the people of Mississippi remains as true to the cause, and their determination to succeed in the great struggle in which we are now engaged, and is as hopeful and buoyant as when the contest first began.

THE PENITENTIARY--DISPOSAL OF THE CONVICTS.

        Believing it to be very certain that the enemy would occupy the city of Jackson, it became necessary to make some disposition of the convicts in the Penitentiary; and having been informed that twenty-five of these convicts were unfriendly to our cause, and would in all probability join the Federal army if permitted to fall into their hands, I determined, therefore, upon consultation with the superintendent and supervisors of the Penitentiary, to send these convicts to some place of greater security. I applied to the Governor of Alabama for permission to send them to the Penitentiary of that State, which he kindly granted, and they are now confined at Wetumpka.

        Learning, also, that there were----convicts willing to take up arms in defense of their country, I pardoned them and caused them to be mustered into service, and they have since been distributed to the different regiments from the State in the Confederate army.

        A considerable number of convicts still remained in the Penitentiary who were either unable or unwilling to go into the army. These were, upon the near approach of the Federal army, turned out without pardon. I was satisfied that the enemy would destroy the Penitentiary buildings, and being unable to get any safe place of confinement for these convicts, I thought it to be the best disposition that could be made of them.

        Upon the first occupation of the city of Jackson by the Federal army, the Penitentiary buildings were all destroyed, and there remains now, of that institution, with all its machinery, but little save the rubbish of the walls. One steam engine and a lot of iron and copper is all that can be recovered from the ruins. I have directed Col. U. Bourne, acting Chief of Ordnance, to collect every article of value from the rubbish and transport them to Meridian. I have directed the copper to be sold to the Government of the Confederate States for the manufacture of percussion caps. The steam engine will in all probability be destroyed by rust or otherwise before the State will again be in a condition to use it. I therefore recommend that some disposition be made of it by


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the Legislature. I herewith transmit the report of the supervisors of the Penitentiary showing that at the time of its destruction it was yielding a handsome revenue, there being a nett profit to the State of the last year of $60,490 76.

        There is another matter in this connection to which I desire to call your attention. Since the Penitentiary has been destroyed, several persons have been convicted of crimes the punishment for which is imprisonment in the Penitentiary, and they are now confined in the jails of their respective counties awaiting some action of the Legislature, and it is for you to determine whether or not a temporary Penitentiary shall be established.

INSTITUTIONS FOR THE DEAF AND DUMB, BLIND, AND INSANE.

        The State institutions for the Deaf and Dumb and for the Blind, have been broken up at Jackson. The Lunatic Asylum was much damaged during the seige of Jackson in its fencing and outbuildings. The main building suffered but little, and the institution, under the supervision of its able and attentive superintendent, Dr. Robt. Kells, assisted by the board of Trustees, still gives shelter and sustenance to this truly unfortunate class of our citizens. The money heretofore appropriated by the Legislature has been sufficient, with rigid economy in its disbursement, to keep up the institution; but the increased cost of every article of consumption or use, renders it necessary for the Legislature to take this subject again under consideration. An asylum like this, for the protection and proper treatment of the unfortunate lunatics of the State, was found to be absolutely necessary in times of prosperity and profound peace, but now when the country is torn and distracted by war and invasion, and our citizens have scarcely time to provide for the protection of the sane members of their families, it is still more important that the Legislature make adequate provision for the maintenance and protection of this unfortunate class. I therefore recommend that the Legislature take the affairs of the Lunatic Asylum again under consideration, and make such additional appropriations as may be found necessary for its proper support.

IMPRESSMENT OF HORSES.

        The cavalry force of this department, under Gen. Van Dorn, having been ordered to Tennessee to reinforce General Bragg, the open country of the State of Mississippi was left exposed to the cavalry raids of the enemy without any adequate force for its protection. Under these circumstances, when the State had been traversed from one end to the other


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by an insignificant force of mounted men under Grierson and when the whole State appeared to be in imminent danger of being overrun and destroyed, I published a call for volunteers in this arm of the service to serve for from three to twelve months, and meeting with great difficulty in raising the force required on account of the scarcity of horses, I ordered a sufficient number of horses, bridles and saddles to be impressed to mount and equip such men as were willing to volunteer who were unable to mount themselves. In obedience to these orders six hundred and nineteen horses, and two hundred and thirteen saddles, and one hundred and twenty-five bridles were impressed at an aggregate cost of two hundred and twenty-four thousand, nine hundred and ten dollars and fifty cents, and placed at once in the service. These horses, bridles and saddles are still the property of the State, to be disposed of as the Legislature may direct. The principal damage done the property of the State has been accomplished in the main by marauding parties of the enemy numbering from fifteen to five hundred men. Against such parties as these it is impossible to protect the country by means of infantry alone. Such forces can only be held effectually in check by means of cavalry. I have an understanding with the President of the Confederate States, and also with General Johnston, to turn the cavalry force raised as above mentioned, over to the Confederate service, the Confederate government agreeing to pay for the use and risk of the State horses during their term of service, and also to pay the value when any such horse or horses shall be killed or captured by the enemy. This arrangement is, however, subject to any disposition which the Legislature may deem proper to be made in the premises. I am well satisfied that Mississippi can be protected only by mounted men, and therefore every assistance that can be consistently rendered should be given by the Legislature to this arm of the service.

ORDNANCE DEPARTMENT.

        Circumstances have forced the removal of the State armory from Brandon to Meridian, where temporary buildings have been erected for the reception of the machinery, unfinished guns and guns out of repair, and ordnance stores on hand. The fortunes of war have caused the removal of the State armory twice since the commencement of the present contest--first from Panola to Brandon, and more recently from Brandon to Meridian. These repeated removals have very much retarded the repairing and manufacture of arms. It is, however, hoped that the armory will soon be in working order and that its operations will not again be disturbed. For more


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definite information I refer you to the report of Col. U. Bourne, acting Chief of Ordnance, herewith transmitted. I also send you the report of Col. A. M. West, Quartermaster General of the State, to which I refer you for full information as to the transactions of his department. The business of that officer has been so extended, and the assistants allowed the Quartermaster General by law so limited, that a large amount of unsettled accounts have accumulated upon his bands. I therefore recommend that he be allowed such additional clerks or assistant Quartermasters as may be found necessary for the proper transaction of the business of the office, or that an auditor be appointed to examine all unsettled accounts coming before the Quartermaster General for settlement.

ADJUTANT GENERAL.

        The report of the Adjutant General, herewith transmitted, will show to the Legislature the number of regiments, battalions and unattached companies that have been organized and turned over to the Confederate government, in this State, so far as the same was done by State authority. Some regiments were organized in the State under authority derived directly from the Secretary of War, and their muster rolls were never field in the Adjutant General's office. Of such there is no record, nor is mention made of them in the report. The report will also show the number of drafted men and volunteer cavalry organized under State authority as State troops.

REMOVAL OF NEGROES.

        While our enemies are unable to hold permanently any considerable portion of the State, the exposed condition of the Northern and Western districts to cavalry raids, and the facility with which the enemy can enter the counties upon the margin of the navigable rivers in the State, renders it necessary that the Legislature devise some means for the protection of the property in those districts. Some means should be devised at least to prevent the negro men from falling into the hands of the Federal authorities, and thus becoming a powerful auxilliary means in their hands for our subjugation. Every able-bodied negro man that falls into the hands of the enemy is not only a laborer lost to the country in the production of supplies for the support of our armies in the field, but he is also, under the present policy of the United States government, a soldier gained to its army. This has become a subject of too much importance to be lightly passed over.


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Already marauding bands of these freed negroes are desolating neighborhoods in the valley of the Mississippi, and citizens of Mississippi have been murdered at their homes by them. It is the policy of the United States Government, in the conduct of this war, to use these negro troops to perfect the destruction and demoralization of the country which the Federal army may occupy. Such being the intention of our enemies, the whole strength of the Government should be brought to bear to prevent negro men from falling into their hands. I therefore recommend that the Legislature pass some law for the removal of all able-bodied negro men from the more exposed districts of the State, authorizing the Governor of the State, the President of the Confederate States, or the General commanding the department, to make such disposition of them as may be deemed best for the public good--a just and proper compensation being made to the owners for the hire during the term they remain in the employ of the Government.

SALT.

        Previous to the meeting of the last session of the Legislature, I entered into contracts for salt with several foreigners who proposed to import it by running the blockade, which contracts I submitted to a committee of the Legislature. The salt under these contracts was to be paid for in cotton. I directed Col. West, Quartermaster General for the State, to purchase 500 bales of cotton, all of which was not bought, for that purpose, and to have a sufficient quantity on hand to pay for the first cargo. Fifty bales of this cotton was by my order delivered to one of the contractors, A. Minnett, a Frenchman, to be shipped to France--he securing the State of Mississippi against loss by depositing ten thousand dollars in Confederate notes with the State Treasurer. A change of Generals and of the policy of the Federal authorities prevented the fullfilment of these contracts. Minnett and the other contractors failed to deliver the salt according to their contracts, and the ten thousand dollars deposited as above mentioned still remains with the Treasurer. I sent Hon. D. S. Pattison, with twenty thousand dollars, to Iberia, in Louisiana, in charge of a steamboat, to purchase salt for the State of Mississippi, and failing in that, to offer transportation to such citizens of the State as he might find there with salt purchased for their own family consumption, or for the use of their neighbors, without resale or speculation. Capt. Pattison reached Iberia in time to procure a boat load of salt for the State and its citizens, but on the homeward trip of the boat, on Bayou Tesche, it was stopped by Confederate authority


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and prevented from a further prosecution of the enterprize on account of threatened danger from Federal gunboats, until the mouth of the bayou was actually blockaded. Capt. Pattison succeeded, however, after much labor, in getting, as he reported, forty thousand pounds of salt delivered at Vicksburg. Whatever amount so received, was distributed to destitute families as directed. For further information see Col. West's report as salt agent. Capt. Pattison has not as yet made a full report and settlement of his proceedings as salt agent. I am, therefore, unable to give the Legislature any further information as to his transactions. I also sent R. O. Dixon, Esq., as a special agent for the State of Mississippi, to Virginia, to make contracts for salt water, intending to establish furnaces for the manufacture of salt on State account; but he could not succeed in making such contracts as would justify the expenditure of money necessary to carry into successful operation the plan proposed, and it was therefore abandoned.

        Having failed to establish manufactures of salt on State account as I desired, I authorized Messrs. Strong, Cunningham & Co., of Monroe and Chickasaw counties, in this State, to manufacture salt at Saltville on private account for the people of North and Northeast Mississippi.

        Under the act of the extra session of the Legislature, held in December and January last, appropriating five hundred thousand dollars to purchase salt for the indigent families of soldiers, I appointed Capt. W. C. Turner salt agent, and directed him to go to the salt works in the State of Alabama with instructions to buy salt, make contracts for its manufacture in sufficient quantities to supply the destitute families of our soldiers if it could be obtained in that way, or failing to get a sufficient quantity, to establish furnaces and manufacture salt on State account. His instructions were to get salt by either or all the above means. In pursuance with these instructions, he contracted with------for the manufacture of----bushels of salt, to be delivered by installments. For a more extended account of his transactions as salt agent, I refer you to his report herewith transmitted, stating, however, that the salt has not been delivered in the quantities and at the times agreed upon by the contractors. On or about the 13th of April last, I appointed Col. West salt agent, to receive and distribute to the different counties the pro rata share of whatever salt might be obtained by purchase or manufacture, distributing the salt so received, to the Boards of Police. I subsequently, on the 18th day of October, appointed him salt agent for the State at large, with authority to supervise generally all contracts for the purchase or manufacture of salt on State account, and to receive and superintend its equitable distribution as above mentioned. I


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refer you to his report as salt agent, herewith transmitted, for further information upon this subject.

        Having purchased the cotton for the purposes mentioned in the foregoing part of this communication, and losing all hope of securing with it the salt contracted for, I ordered Col. West to turn over fifty bales of it to Dr. Luke Blackburne, one of the medical commissioners for the State, to be shipped to Havana, in the island of Cuba, to be there exchanged for arms and munitions of war. This cotton was delivered to Dr. Blackburne as directed, but as yet he has made no report of his success in the premises.

WIVES, WIDOWS AND CHILDREN OF SOLDIERS.

        The proper support and maintenance of the widows and children of deceased soldiers, and the families of those now in the army, is a subject of great importance, and deserves at the hands of the Legislature the most serious consideration. I regard it as your solemn duty to make such provision for their comfort and support as will no longer leave the families of our brave soldiers in anywise dependent upon the uncertain contributions of private charity for that support and protection which they have a right to demand for the sacrifices now being made by their lawful protectors. The diminution of the State tax will greatly diminish the military relief fund now provided by law. This diminution, with the increased price of provisions and the greatly increased number of those dependent upon this fund for support, will, it is thought, make it necessary for the Legislature to make some additional provision upon this subject.

MONEY.

        I sent Hon. A. B. Dilworth, as agent for the State of Mississippi, to the city of Memphis to make contracts with Messrs. Hutton & Freligh, the only persons known to me in the country in condition at that time to print the Treasury notes for the "Cotton Loan" in the manner provided. Contracts for printing the Treasury notes for the advance on cotton, of the denominations specified in the act approved 19th December, 1861, upon electrotype plates as directed by the supplemental act approved January 29th, 1862, and also for printing the Treasury notes to be issued on State account for military purposes, provided by an act approved January 29th, 1862, were made with them at a cost of four cents per note. Of the notes to be used as an "advance upon cotton" there were printed six hundred and fifty seven thousand, one hundred and fifty-six, which at a cost of four cents per note


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amounted to the sum of twenty-six thousand, two hundred and eighty-six dollars and twenty-four cents, ($26,286 24;) and for the notes to be issued for military purposes there were printed two hundred and five thousand, two hundred and ninety-five, at a cost of eight thousand two hundred and eleven dollars and eighty cents, ($8,211 80,) making the total aggregate cost of printing the notes amount to the sum of thirty-four thousand, four hundred and ninety-eight dollars and four cents, ($34,498 04.) The great demand for change notes of the cotton money made it necessary to have a large proportion of these printed. This caused the disproportion in the cost of printing the five million "cotton money" and the two and one-half millions of Treasury notes.

        There have been eight thousand five hundred and eighty-seven applications made for advances upon cotton, and the whole amount of the five million of dollars provided by law has been exhausted. The amount refunded on account of the loan, up to the 29th day of October, is five hundred and seventy-seven thousand, seven hundred and nine dollars.

        The amount of money issued upon my requisitions on account of the military fund provided by the act approved January 29, 1862, is one million, one hundred and fifteen thousand, five hundred and fifty-four dollars and ninety-three cents. Of this sum one hundred and twenty thousand, six hundred and two dollars and twenty-seven cents was issued on account of the appropriation for salt, approved January 1st, 1863. The amount refunded on account of this military fund, is two hundred and sixty-two thousand, five hundred and eighty-nine dollars and sixty-seven cents, of which twelve thousand, five hundred and eighty-nine dollars and sixty-seven cents was on account of sales of salt.

        The third section of the act authorizing the issuance of these Treasury notes for military purposes, provides for funding them in sums not less than five hundred dollars in State bonds, payable in ten years, with interest from the date thereof at eight per cent. per annum. None of these notes have been so funded for the reason that no provision was made for a form or for printing the bonds, nor is the time or the manner of paying the interest thereon prescribed.

        I have been informed that some of these notes are now on deposit to be funded, awaiting the preparation of these bonds and some provision for the payment of the interest. I therefore recommend that some provision be made for printing the bonds and for the payment of the interest annually


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        by coupons or otherwise as the wisdom of the Legislature may direct.

        The amount expended of the appropriation for arms under the act approved December 15th, 1859, is seventy-two thousand, seven hundred and forty-five dollars and twelve cents, ($72,745 12,) for which vouchers are on file in my office.

        I herewith transmit the partial report of the Auditor of Public Accounts, made to me, showing the condition of the principal military funds provided by law and respectfully refer you to the full report of the Auditor and Treasurer for further information.

MILITIA.

        The many defects in the practical operation of the militia laws of the State, makes it my duty to call your attention especially to that subject. The Confederate army in this department has been constantly confronted and opposed by a greatly superior invading force, so that the Generals commanding have not only been unable to protect the State from invasion by large bodies of infantry, but the enemy's cavalry have made repeated raids into the State which have been alike destructive to the property of the country and that cordial good feeling for and confidence in the ultimate success of our struggle among the people, so essential to a successful termination of this contest. While the attention of the commanding Generals of the department have been invariable drawn, as of right it should be, to the advancing columns of the invading foe, I have exhausted all the means in my power to give them such assistance as I deemed necessary for the protection of the country against raids. I have kept constantly in the field all the volunteer State cavalry that could possibly be raised, and while I have not been as successful in raising as large bodies of troops as I desired, I have given essential aid in the protection of a large portion of the State which would otherwise have been left in a wholly defenseless condition, and I am happy to be able to state to the Legislature that these State organizations have rendered much good service in the Northern and Northwestern districts at a time when there were no Confederate troops to spare for that purpose. Being mostly in unattached battalions and companies, and well acquainted with the roads and principal localities of the country in which they have operated, these State organizations have been able to afford much greater security to the citizens and


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do much more damage to the enemy than larger bodies of troops less acquainted with the country could have accomplished, after inflicting severe chastisement upon marauding parties whose only object was plunder. While other bodies of the State troops have been kept in the field less actively engaged than the cavalry, they have been placed, at the request of commanding Generals, to guard important depots of public stores, and other important points along the line of the different railroads, and have thus relieved the regular troops of that duty and to that extent strengthened the Confederate army in the field. In explanation of the causes that occasioned the organization of the State troops in the first instance, and the continuing them in the field, I herewith transmit copies of the several calls and requisitions made by Gen[.] Ruggles, Price and VanDorn, and also the additional correspondence with the President of the Confederate States, Secretary of War and Gen. Johnston and Pemberton upon the same subject. My efforts to place the number of troops in the field, which I deemed necessary to guard the State against destructive raids, have been much embarrassed by the opposition of a part of the press of the State opposing the enforcement of the militia law passed at the last session of the Legislature. The great confidence of the people in the ability of the Confederate government to protect the State from invasion, induced large numbers of them to regard the efforts being made to organize and bring into the field the militia of the State as unnecessary, and the law itself as impracticable and oppressive. Had the efforts which have been made to organize the State troops received that support, which in view of the great danger threatening us, I had a right to expect, there is much reason to believe that the condition of Mississippi would now be much better than it is. A few thousand additional troops at Jackson in May might have held that place until reinforcements to General Johnston, then arriving, could have overwhelmed the invading army and maintained our position at Vicksburg. The present condition and prospects of the country demands of the Legislature to seriously consider the subject of a thorough and extended reorganization of the military strength of the State. I therefore again recommend the extension of the militia law so as to include and make subject to militia duty every free white male person, either a citizen or temporary resident, not actually conscribed, between the ages of sixteen and sixty years; and as a large portion of these will necessarily be kept at home, only such


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as are physically able to discharge the duties of soldiers should be sent to the field, and the remainder should be organized, armed and equipped for local defense against sudden raids, and held as a police force for the counties in which they live. The militia officers should be allowed pay for the time they are actually engaged in the discharge of their official duties. The law, as it now stands, imposes duties often arduous and expensive upon them, and makes no provision for pay or allowance. I am satisfied if this was done, it would add much to the efficiency of these officers. The extension of the conscription laws to forty-five years, has so reduced the militia strength of the State that I do not believe it necessary to retain the office of Brigadier General of militia. The Major General, with the assistance of the regimental and company officers, will be entirely sufficient to carry into effect any law necessary to be passed. In any organization that it may be found necessary to make, the Governor should be authorized to appoint all the Quartermasters and Surgeons. Under the existing law, neither the Governor nor the Quartermaster General have had the control over these officers which in my opinion the good of the service requires.

SALARIES OF STATE OFFICERS.

        The salaries of the State officers were fixed by law at a time when provisions and property were at a low valuation compared to the present exorbitant prices at which every species of property and provisions is held. The pay which is allowed to these officers, if made in the currency of the country, is not sufficient to give them that support and maintenance which the credit of the State demands they should receive. I therefore recommend that their salaries be increased.

        I have sought from the beginning of the war to the present time to make the largest preparation to meet our enemies which the means and power entrusted to me enabled me to make. I have believed it better to spend what we have in mainly resistance than permit it to become the prey of plundering invaders, and in this my last message to the representatives of a people threatened by a more destructive invasion than any in modern times--in view of the known purpose of the enemy to lay waste our land and confiscate whatever escapes the ravages of war--in view of the known determination of the Lincoln government to reduce this people to a condition far worse than European surfdom


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--view of that "dark durance" this and succeeding generations are doomed should Federal arms prevail--permit me earnestly to recommend that no consideration of dollars and cents should stand in the way of the amplest preparation of men and means, and the most extreme measures for the defense of the country. There is no half-way house of rest in this revolution. Independence or death, or that which is worse than death, are the alternatives presented to this people, and the sooner this truth is fully realized and acted upon, the better for us and our children. May God who favors the just cause and blesses with success fidelity, patriotism and courage, preside over your deliberations and direct your councils.

JOHN J. PETTUS.


        Mr. Seal, of Harrison, moved that the Governor's message be laid on the table, 2,000 copies printed for the use of the House, and that it be made the special order of the day for Friday next at 12 o'clock, M.

        Which was adopted.

        The following bills were introduced, read three several times, the rules being suspended, and passed, the titles standing as stated:

        By Mr. Regan:

        An act entitled an act to remove the civil disabilities of Walter McDougal, a minor.

        By Mr. Downs:

        An act to amend the school laws of the county of Itawamba.

        By Mr. Powe:

        A bill to be entitled an act to authorize the Speaker of the House of Representatives and President of the Senate to appoint messengers between the two bodies.

        By Mr. Archer:

        A bill to be entitled an act to amend an act entitled an act to incorporate the Mississippi Manufacturing Company.

        On motion of Mr. Bradford,

        The House adjourned until to-morrow morning at 9½ o'clock.

WEDNESDAY, November 4, 1863.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        Prayer by the Rev. Dr. Lyon.


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        The Speaker announced the following standing committees:

        ON THE JUDICIARY.--Messrs. Watson, Seal of Harrison, Rucks, Hicks, Powe, Lewers and Upshaw.

        WAYS AND MEANS--Messrs. Thompson, Alcorn, Murdock, Tindall Bestor, Cunningham and McLemore.

        PROPOSITIONS AND GRIEVANCES--Messrs. Wells, Moore, Hendon, Minter, Sessions, Brown and Lott.

        MILITARY AFFAIRS--Messrs. Upshaw, Stephens, Taylor, Jackson and Arnold.

        ELECTIONS--Messrs. Seal of Harrison, Hicks, Eskridge, Irby, McGehee, Lowry and Carroll.

        EDUCATION--Messrs. Bestor, Fort, McNiel, Stubbs of Smith, and McKay of Neshoba.

        CORPORATIONS--Messrs. Hicks, Owen, Johnson of Wilkinson, Barton and Gulley.

        COUNTY BOUNDARIES--Messrs. Tindall, High, McKay of Green, McLaurin and Downs.

        PUBLIC LANDS--Messrs. Fox, Morehead, Isom and Sutton.

        UNFINISHED BUSINESS--Messrs. Daniel, Liddell, Foxworth, Hooker, Lambeth, McElroy and Dale.

        Also, the following joint standing committees:

        ON STATE AND CONFEDERATE RELATIONS--Messrs. Bradford, Thompson, Seal of Harrison, Moore and Barnett.

        ON INTERNAL IMPROVEMENTS--Messrs. Alcorn, Fowler, Minter, Gowan and Prewitt.

        CLAIMS--Messrs. Murdock, Dillard, Kirk, Marable and Robinson.

        PENITENTIARY--Messrs. Rucks, Deason of Copiah, Lott and Yandell.

        LUNATIC ASYLUM--Messrs. Liddell, Regan, Pope, Allen and Ross.

        INSTITUTION FOR THE BLIND.--Messrs. Fox, Falconer, Evans, Montgomery and Ware.

        INSTITUTION FOR THE DEAF AND DUMB--Messrs. Dale, Jackson, Rogers, Pounds and Clark.

        ENROLLED BILLS--Messrs. Johnson of DeSoto, Powe, Harris, Deason of Jones, and Shelley.

        Messrs. Thos. R. Gowan, of Simpson, C. T. Kirk, of Winston, and Wm. H. Taylor, of Hinds, presented their credentials and were sworn in as members.

        W. C. Worrell, Doorkeeper elect of the House of Representatives, appeared and took the oath of office.

        Mr. Seal, of Harrison, offered the following joint resolution which was adopted, the rule being suspended:

        Resolved, (The Senate concurring,) That the Sergeant-at-Arms make arrangements with the Postmaster of this place for mailing all public documents of the Legislature, and that


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the Postmaster present his account for the same to the committee on Claims for payment.

        On motion of Mr. Eskridge,

        Resolved, That the Auditor of Public Accounts be and he is hereby instructed to furnish stationery necessary for the use of this House.

        Mr. Murdock offered the following resolution:

        Resolved, That the regular hours for the sessions of this House shall be from 9 A. M. to 1 P. M., and from 2 to 4 P. M.

        Mr. Thompson moved to amend by striking out 9 o'clock and inserting 10 o'clock.

        Mr. Regan moved to lay the amendment on the table,

        Which motion was lost.

        The question was then taken on the adoption of Mr. Thompson's Amendment, and decided in the affirmative by yeas and nays as follows, Messrs. Eskridge, Archer and Murdock calling for them:

        YEAS--Mr. Speaker, Messrs. Archer, Bradford, Bestor, Brown, Buntin, Barnett, Cunningham, Deason of Copiah, Daniel, Dillard, Dale, Easterling, Fowler, Foxworth, Fort, Grace, High; Hendon, Isom, Irby, Johnson of Wilkinson, Johnson of Tippah, Kirk, Lott, Lowry, Morehead, Maxwell, McKay of Neshoba, McNiel, Pope, Powe, Pinson, Prewitt, Regan, Rucks, Rogers, Seal of Hancock, Sutton, Stubbs of Smith, Taylor, Thompson, Upshaw, Wier and Watson--45.

        NAYS--Messrs. Allen, Arnold, Boon, Barton, Clark, Carroll; Downs, Deason of Jones, Evans, Eskridge, Fox, Gully, Gowan, Gray, Hooker, Hathorn, Jackson, Johnson of DeSoto, Liddell, Lewers, Marable, Murdock, McKay of Green, McLaurin, Owen, Robinson, Seal of Harrison, Sessions, Stephens and Wells--30.

        Mr. Powe offered the following substitute, which.

        On motion of Mr. Seal, of Harrison,

        Was laid on the table.

        Resolved, That the regular hours of meeting of the House, at the present session, shall be as follows: to meet at 10 A. M. and adjourn at 1 P. M., and meet at 3 P. M.

        Mr. Johnson, of DeSoto, offered the following substitute, which,

        On motion of Mr. Seal, of Harrison,

        Was laid on the table.

        Resolved, That the regular hours for the meetings and adjournments of this body for the present session be as follows: Meet at 9½ A. M. and adjourn at 12½ P. M., meet at 2½ P. M. and adjourn at 4½ P. M.

        Mr. Dale offered the following amendment, which was adopted:


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        "Strike out all after the hour of meeting in the morning."

        The Speaker presented the following communications to the House:

OFFICE OF SECRETARY OF STATE,
Columbus, Miss., Nov. 4, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--I have the honor, through you, to transmit to the Legislature the votes cast for Governor in the respective counties of the State of Mississippi, on Monday, the 5th day October, A. D. 1863, which have been received at this office.

        Separate sealed returns have been made from thirty-five counties. From the counties of Adams, Claiborne, Harrison, Issaquena, Tunica, Warren and Washington, no returns have been received.

        From the residue of counties from which no separate sealed returns were received, I here with enclose the general returns in which are stated the vote for Governor.

AUDITOR'S OFFICE,
Columbus, Miss., No. 4, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--Owing to the difficulty of procuring paper for the use of the Legislature, I will not be able to furnish the usual abundant supply for the use of the members, but will continue to furnish such supply of stationery as I have on hand.

        The counties being called alphabetically,


        Mr. Barton introduced a bill to be entitled

        An act for the relief of M. D. Files, Sheriff of Itawamba county,

        Which was read twice under a suspension of the rules, and referred to the committee on Claims.

        Mr. Downs introduced a bill to be entitled

        An act to authorize the Board of Police of Itawamba county to borrow money from the school fund,

        Which was read twice under a suspension of the rules, and referred to the committee on Education.

        Mr. Murdock introduced a bill to be entitled

        An act to authorize the Police Court of Lowndes county to fix the fees of Jailors,

        Which was read twice under a suspension of the rules.

        Mr. Fox moved to amend by adding the county of Choctaw.

        Mr. Powe moved to amend by striking out the "county of Lowndes" and inserting the "Boards of Police of the several counties of the State."

        On motion of Mr. Seal,


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        The bill and amendments were referred to the Judiciary committee.

        Mr. Dale introduced a bill to be entitled

        An act to repeal an act therein named,

        Which was read twice under a suspension of the rules, and referred to the committee on Internal Improvements.

        Mr. Regan called up the joint resolution offered by him on yesterday in relation to the election of Confederate States Senator.

        Mr. Thompson moved that the further consideration of the resolution be postponed until Wednesday, the 18th instant,

        Which was lost.

        On motion, the resolution was amended by striking out "Tuesday, the 10th," and inserting "Thursday, the 12th inst.," and adopted.

        Mr. Arnold offered the following joint resolution, which was adopted, the rules being suspended.

        Resolved, (the Senate concurring,) That the two Houses convene in the Representative Hall on Thursday, the 5th instant, at 11 o'clock, in order that the returns of the late election for Governor of the State may be opened and published.

        Mr. Upshaw offered the following joint resolution, which was read once:

        Resolved, (the Senate concurring,) That the Confederate State Senators from this State be instructed, and the members of Congress from the different Districts from Mississippi be requested, to use their best endeavors to procure all things necessary to be done to make Confederate Treasury notes a legal tender in all contracts whatever, throughout the Confederate States.

        Mr. Isom offered the following resolution:

        Resolved, That the committee on Elections be instructed to report upon the constitutionality of Confederate military officers occupying seats in this House as members,

        Which was lost.

        Mr. Cunningham introduced a bill to be entitled

        An act supplementary to an act entitled an act better to provide for the families of our soldiers, approved January 3, 1863,

        Which was read once.

        Mr. Gowan gave notice that on to morrow he would introduce bills entitled:

        An act to amend the election laws of this State; and

        An act to amend the laws of this State prohibiting the payment of debts until twelve months after the close of the war.

        Mr. Murdock gave notice that on to-morrow he would introduce a bill to be entitled

        An act to enforce the collection laws of this State.


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        Mr. Eskridge gave notice that he would on to-morrow introduce a bill to be entitled

        An act for relief of Clerks of Courts of Record of this State.

        Mr. Lewers gave notice of the introduction of the following bills:

        An act regulating the payment of debts.

        An act to prevent the sale of and speculation in certain commodities.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed the House bill providing for the appointment of messengers to the two Houses of this Legislature.

        On motion of Mr. Downs,

        The House adjourned till 2 o'clock, P. M.

TWO O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Downs, by leave, introduced a bill to be entitled

        An act to authorize the Board of Police of Itawamba county to make a certain appropriation therein named,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Cunningham offered the following resolution, which was adopted:

        Resolved, That the committee on Military Affairs be instructed to inquire into the expediency of abolishing the militia system as it now exists in the State, and report to this House at as early a day as possible, by bill or otherwise.

        Mr. Owen offered the following resolution, which was adopted:

        Resolved, That a committee of five be appointed by the Speaker to ascertain what portion of the documents accompanying the Governor's message should be printed, and that 100 copies of such documents be printed for the use of the House, and that the committee report by to-morrow morning at 10 o'clock.

        The Speaker appointed as said committee Messrs. Owen, Thompson, Eskridge, Seal of Harrison and Dillard.

        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined a bill entitled "an act to authorize the Speaker of the House of Representatives and President of the Senate to appoint messengers between the two bodies," and find the same correctly enrolled.

        Mr. Rucks offered the following resolution, which was adopted:


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        Resolved, That the Sergeant-at-Arms be authorized to employ a carpenter to construct suitable temporary writing desks for each member of this House.

        The following message was received from the Governor, through his private Secretary, Col. J. H. Rives:

        MR. SPEAKER--

        The Governor has approved and signed the following House bill:

        An act to authorize the Speaker of the House of Representatives and the President of the Senate to appoint messengers between the two bodies.

        On motion of Mr. Rogers,

        The House adjourned until to-morrow at 10 o'clock, A. M.

THURSDAY, November 5, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Stainback.

        The journal of yesterday was read and approved.

        Mr. Robert E. Wynne, of Yallobusha, presented his credentials, and was sworn in as a member of this House.

        On motion of Mr. Tindall, Mr. Bradford was added to the committee on Militarry Affairs.

        The Speaker announced the following committees:

        ON AUDITOR'S OFFICE--Messrs. Fort, Johnson of De Soto, Murdock, Gray and Seal of Hancock.

        ON TTEASURER'S OFFICE.--Messrs. Clark, Brown, Johnson of Tippah, Boon and Harris.

        ON LIBRARY.--Messrs. Archer, Rucks, Morehead, Lott and Barton.

        ON PUBLIC BUILDINGS.--Messrs. Hathorn, Taylor, Montgomery, Grace and Isom.

        ON STATE UNIVERSITY.--Messrs. Alcorn, Tindall, Arnold, Gowan and Bestor.

        Mr. Owen, from a Select Committee, made the following report, which was received and agreed to:

        MR. SPEAKER--

        The committee appointed to examine and ascertain what portion of the documents accompanying the Governor's message should be printed for the information of the House, report in favor of printing the following in the order set forth:


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        1st. Auditor's Report.

        2d. A. M. West's Report as salt agent, and accompanying documents.

        3d. W. C. Turner's Report as salt agent, and accompanying documents.

        4th. U. Bourne's Ordnance Report and exhibit A.

        5th. C. H. Manship's Report as inspector of the Penitentiary.

        6th. A. M. West's Quartermaster's Report and accompanying documents.

        7th. J. S. Hamilton's Adjutant and Inspector General's Report.

        All of which is respectfully submitted.

        Mr. Seal, of Harrison, by leave, introduced a bill to be entitled "An act to amend Art. 15, of chapter 4, of the Revised Code."

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Tindall gave notice that he would, on to-morrow, or some future day, introduce bills of the following titles:

        An act to provide assessment rolls for the several counties of this State.

        An act to revise and amend "An act to extend the time for the collection of taxes for the current fiscal year, approved December 20th, 1861, and for other purposes."

        Mr. Allen, by leave, introduced a bill to be entitled "An act for the relief of certain tax collectors, and for other purposes."

        Which was read twice under a suspension of the rules, and referred to the committee on the Judiciary.

        Mr. Johnson, of Wilkinson, by leave, introduced a bill to be entitled "An act to amend chapter 8 of the Revised Code, entitled 'An act establishing the fees of certain officers,' so far as relates to the clerks of the Chancery and Probate Courts of Wilkinson county."

        Which was read twice under a suspension of the rules, and referred to the committee of Ways and Means.

        Mr. Regan offered the following resolution, which was adopted:

        Resolved, That the Auditor of Public Accounts be requested to inform the House of the number of soldiers in the State and Confederate service, whose names have been sent up by the Board of Police of the several counties of this State, as provided for by an act entitled "An act better to provide for the families of our soldiers," approved January 3d, 1863; the amount of money collected under the provision of said act, and the amount distributed to each county for the relief of the families of soldiers of the State and Confederate


Page 109

service, and the amount of money (if any) belonging to said fund.

        Mr. Fowler, of Washington, offered the following resolution which was adopted:

        Resolved, That the Chair appoint a Special Committee of five whose duty it shall be to report, at as early a day as practicable during the session of the Legislature, a bill for the relief of indigent families of soldiers in the service of the Confederate States.

        The Chair appointed as said committee Messrs. Fowler, Hicks, Dale, Tindall and Barnett.

        Mr. Murdock offered the following resolution:

        Resolved, That the Judiciary Committee be instructed to inquire into and report whether military offices held under the authority of the Confederate States are lucrative offices, as contemplated in section 27 of Art. 3 of the Constitution of the State of Mississippi.

        Which, on motion of Mr. Johnson of De Soto, was laid on the table, by yeas and nays called for by Messrs. Murdock, Carroll and Barton, as follows:

        YEAS--Mr. Speaker, Messrs. Archer, Allen, Bradford, Boon, Buntin, Barnett, Deason of Copiah, Daniel, Evans, Easterling, Eskridge, Fowler, Fox, Foxworth, Fort, Gully, Grace, Gowan, Gray, Hooker, High, Irby, Jackson, Johnson of De Soto, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lowry, Lewers, Marable, Morehead, Maxwell, McKay of Green, McKay of Neshoba, McNeal, Owen, Pope, Powe, Pinson, Prewitt, Rucks, Robinson, Seal of Harrison, Seal of Hancock, Sessions, Sutton, Stubbs of Smith, Stephens, Taylor, Thompson, Tindall, Upshaw, Wells, Wier, Watson and Wynne--58.

        NAYS--Messrs. Arnold, Bestor, Barton, Brown, Clark, Cunningham, Carroll, Downs, Deason of Jones, Dillard, Dale, Hathorn, Hudson, Isom, Lott, Moore, Murdock, McLaurin, Pounds, Regan, Rodgers--20.

        Mr. Gowan offered the following resolution, which was adopted:

        Resolved, That the committee on Military Affairs be, and they are hereby instructed, to inquire into the reasons why the first battalion of Mississippi State Troops have never received their pay, and to report by bill or otherwise, as the necessitics of the case may require.

        Mr. Murdock, by leave, introduced a bill to be entitled

        "An act to enforce the collection laws of this State."

        Which was read twice and referred to the committee on the Judiciary.

        Mr. Tindall offered the following resolution, which was adopted:


Page 110

        Resolved, That James Phelan, J. C. W. Watson, Gen. W. S. Featherston, Fulton Anderson, William Yerger, Charles Fontaine, S. J. Gholston and Walker Brooke be invited during the recesses of the House to occupy this hall and address the Legislature on the state of the country.

        On motion of Mr. Johnson, of De Soto,

        Mr. Irby was added to the Committee on Enrolled Bills.

        Mr. Gowan offered the following joint resolution, which was adopted under a suspension of the rules:

        Resolved, By the House of Representatives, (the Senate concurring), That our Senators and Representatives in the Congress of the Confederate States be, and they are hereby instructed, to use every effort in their power to raise the pay of our soldiers, as follows: Privates, $20 per month; Corporals, $25; and Sergeants $35, except First Sergeants, and they to receive $40 per month.

        Mr. Arnold offered the following resolution, which was adopted:

        Resolved, That the Committee on the Judiciary be instructed to inquire into the constitutionality of allowing soldiers in the field, whether in or out of the State, to vote in all State and county elections, and report by bill or otherwise.

        The following message was received from the Senate through their Secretary, Mr. Porter:

        MR. SPEAKER--

        The Senate have concurred in the joint resolution of the House appointing 11 o'clock on Thursday, the 5th, as the time for counting the votes cast for Governor at the last election.

        The Senate have passed House bill entitled "An act to remove the civil disabilities of Walter McDougal," with an amendment thereto, in which the concurrence of the House is desired.

        Also, House bill entitled an act to amend an act incorporating the Mississippi Manufacturing Company.

        The following bills originating in the Senate have also passed that body:

        An act to increase the salary of the Probate Judge of Lauderdale county.

        An Act Act to compel railroads to keep light, fire and water on their cars.

        The President of the Senate has appointed the following joint standing committees:

        COMMITTEE ON STATE AND CONFEDERATE RELATIONS--Yerger, Wilson and Greer.

        ON INTERNAL IMPROVEMENTS--Bradford, Bowles and Patton.


Page 111

        ON CLAIMS--Greer, Lewers and Jordan.

        ON THE OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS--Moore, Terry and McRae.

        ON THE OFFICE OF SECRETARY OF THE STATE--Griffin, Wilson and Quinn.

        ON THE OFFICE OF TREASURER, STATE COMMISSIONERS AND EXECUTIVE CONTINGENT FUND--Hamilton, Mosely and Mayson:

        ON ENROLLED BILLS--Patton, McRea and Jordan.

        ON THE STATE UNIVERSITY--Bowles, Wilson and Luckett.

        The President of the Senate has appointed A. L. Crouch as Senate Messenger to the House of Representatives, in pursuance of an act of the 4th instant allowing each house a messenger.

        On motion of Mr. Regan,

        The Senate message just received was taken up.

        The Senate amendment adding the words, "except the right of suffrage at the end of first section" to the House bill entitled "An act to remove the civil disabilities of Walter McDougal, a minor," was, on motion of Mr. Regan, concurred in.

        On motion of Mr. Seal, of Harrison,

        The House took a recess of ten minutes to provide the hall for the joint convention of the two houses to count the vote for Governor.

        Recess having expired, the House was called to order by the Speaker.

        The Senate having been informed that the House was ready for their reception, entered and took the seats assigned them.

        The Presdent of the Senate having explained the object of the joint convention,

        The Speaker of the House proceeded to open the sealed returns and publish the vote for Governor.


Page 112

        

OFFICIAL RETURNS of the vote for Governor of the State of Mississippi, at an election held on the first Monday in October, 1863, as opened and counted by joint convention of the two Houses of the Legislature, on Thursday, the 5th day of November, 1863:

COUNTIES. Chas. Clark A. M. West R. Davis...
Carroll 353 44 24
Chickasaw 615 64 95
Choctaw 380 106 52
Claiborne      
Clark 865 231 82
Coahoma      
Copiah 346 128 51
Covington      
DeSoto 338 9 22
Franklin 214 10 2
Greene 80 18 2
Hancock 142 9 5
Harrison      
Hinds 406 170 7
Holmes 338 65 3
Itawamba. 726 36 117
Jackson 60 56 4
Jasper 270 284 36
Jefferson 174 5  
Jones 50 107 4
Lawrence 246 48 10
Leake 256 165 23
Lowndes 592 322 75
Marion 154 36 6
Monroe 600 46 194
Neshoba 188 37 2
Newton 195 118 9
Noxubee 324 190 31
Pike 275 51 18
Pontotoc 1,148 70 254
Rankin 832 471 238
Scott 156 199 17
Simpson 104 123 4
Tallahatchie 156 7 37
Wayne 111 50 2
Wilkinson 258 17 20


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Winston 283 106 11
Yazoo 247 45 4
Total 11,876 3,392 1,469

        On motion of Mr. Yerger, of the Senate,

        The vote for Governor as communicated to the Secretary of State, with the general returns, was rejected but ordered to be spread upon the Journals. It is as follows:

        

UNSEALED VOTES.

COUNTIES. Clark. West. Davis..
Amite 221 80 3
Attala 229 224 20
Bolivar 130 2 4
Calhoun 411 107 109
Coahoma 82 30  
Covington 63 131 6
Kemper 407 199 41
Lauderdale 796 307 135
Marshall 651 33 45
Oktibbeha 315 126 14
Perry 24 12  
Panola 537 21 23
Smith 107 169 9
Sunflower 56 11 2
Tippah 81 2 41
Tishomingo 35   6
Yallobusha 423 17 102
Total 4,552 1,471 540

        No returns were received from the counties of Adams, Claiborne, Harrison, Issaquena, Tunica, Warren and Washington.


Page 114

        The vote being summed up, the Speaker of the House announced to the convention that Charles Clark, having received a plurality of all the votes cast, is duly and constitutionally elected Governor of the State of Mississippi.

        The convention having accomplished the object of the joint assemblage, the Senate retired.

        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined a bill entitled "an act to remove the civil disabilities of Walter McDougal, a minor," find the same correctly enrolled, and have submitted it to the Governor for his approval and signature.

        On motion of Mr. Lewers,

        The House adjourned until to-morrow morning at 10 o'clock.

FRIDAY, Nov. 6, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Neeley.

        Journal of yesterday read and approved.

        Messrs. E. H. Hicks, of Jefferson, and H. Falconer, of Marshall, presented their credentials and were sworn in as members of this House.

        Leave of absence was granted Mr. McElroy.

        Call of counties.

        Mr. Fox introduced a bill to be entitled

        An act to authorize Thomas N. Doris, Clerk of the Circuit Court of Choctaw county to practice law in the Probate Court,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Bestor presented the petition of Dr. S. M. Hamilton, of Clark county, which was referred to the committee on Claims.

        Also, the petition of Reese Price, of Clark county, which, with accompanying documents, was referred to the committee on Propositions and Grievances.


Page 115

        Mr. Tindall introduced a bill to be entitled

        An act to remove the civil disabilities of William W. Brooks, a minor,

        Which was read twice under a suspension of the rules.

        Mr. Liddell moved that the bill be referred to the Judiciary committee, which motion was

        On motion of Mr. Eskridge,

        Laid on the table.

        The bill was then read the third time and passed, the title standing as stated.

        Mr. Tindall introduced a bill to be entitled

        An act to inerease the salary of the Probate Judge of Monroe county,

        Which was read twice under a suspension of the rules,

        When, with sundry amendments, it was referred to the committee of Ways and Means, with instructions to inquire into the expediency of extending the provisions of this bill to all of the Probate Judges of the State.

        Mr. Cunningham presented the petition of Wm. H. Smith, of Noxubee county, which was read and referred to the Judiciary committee.

        Mr. Brown introduced a bill to be entitled

        An act to authorize the Clerk of Probate of Winston county, and others, to aid and assist Executors, Administrators and others to prepare their accounts, pleadings, &c., in the Probate Court of Winston county,

        Which was read twice under a suspension of the rules, and

        On motion of Mr. Johnson, of Wilkinson,

        Referred to the committee on the Judiciary.

        Mr. Barnett introduced a bill to be entitled

        An act for the relief of destitute families in Yazoo county,

        Which was read twice under a suspension of the rules.

        Mr. Regan moved the reference of the bill to a select committee of three, with instructions to report a bill authorizing and requiring the several Boards of Police to provide for all destitute families of soldiers, in such manner as they may deem proper, with authority to borrow money or issue scrip.

        Which, on motion of Mr. Lewers,

        Was laid on the table.

        Mr. Regan offered the following amendment:

        Amend by way of additional section--

        SEC.--. Be if further enacted, That the provisions of this bill apply to the county of Claiborne, which

        On motion of Mr. Seal, of Harrison,

        Was laid on the table.

        The bill was then read the third time and passed, the title standing as stated.

        The following message was received from the Senate:


Page 116

        MR. SPEAKER--

        The Senate refuses to concur in the joint resolution of the House authorizing the Sergeant-at-Arms to make arrangements with the Postmaster for the mailing of public documents of the Legislature.

        The President of the Senate has appointed the following additional joint standing committees:

        ON THE PENITENTIARY--Messrs. Lowry, Luckett and Quinn.

        ON THE LUNATIC ASYLUM--Messrs. Neeley, Bowles and Mosely.

        ON THE INSTITUTION FOR THE BLIND--Messrs. Yerger, Lowry and Jordan.

        ON THE INSTITUTION FOR THE DEAF AND DUMB--Messrs. Quinn, Mayson and Wilson.

        ON STATE LIBRARY--Messrs. Wilson, Hamilton and Mayson.

        ON PUBLIC BUILDINGS--Messrs. Davis, Griffin and Patton.

        The Speaker announced the following joint standing committee:

        ON SECRETARY OF STATE'S OFFICE--Messrs. Turley, High, Stubbs of Smith, Staples and Daniel.

        The Speaker presented the following communications from the Auditor of Public Accounts:

AUDITOR'S OFFICE,
Columbus, Miss., Nov. 2, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--I have the honor to transmit herewith my report of the receipts and disbursements of the public moneys from the 4th day of March, 1862, to 31st day of October 1863, both days inclusive, to be laid before the Legislature.

AUDITOR'S OFFICE,
Columbus, Miss., Nov. 6, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--I have the honor, through you, to state to the House of Representatives that the information asked for in their resolution of yesterday in reference to "the number of soldiers in the State and Confederate service," &c., is fully given in documents I and L, accompanying my report to the Legislature, and is as follows, to-wit:


Page 117


        Mr. Thompson moved that the Auditor's report and accompanying documents be referred to the committee of Ways and Means, that 500 copies of the report and 200 copies of the accompanying documents be printed for the use of this House,

        Which was adopted.

        Mr. Powe introduced a bill to be entitled

        An act to authorize the State Treasurer to receive from the delinquent Tax Collectors of the several counties in this State, the military bonds or notes failing due 1st June 1863 and 1864, in payment of the amounts due from them on account of the military tax of 1861,

        Which was read twice under a suspension of the rules, and referred to the committee of Ways and Means.

        Mr. Archer offered the following joint resolution:

        Resolved, (the Senate concurring,) That the two Houses shall assemble in the Representative Hall on to-morrow at half-past 11 o'clock, A. M., for the purpose of electing a State printer,

        Which was read once.

        Mr. Arnold offered the following joint resolution, which, the rules being suspended, was adopted:

        Resolved, (the Senate concurring,) That a committee of----on the part of the Senate, and five on the part of the House, be appointed to wait on his Excellency, Charles Clark, Governor elect, and inform him that he is duly and constitutionally elected Governor of the State of Mississippi for the term of two years from the third Monday in November 1863.

        Committee, Messrs. Arnold, Bradford, Hendon, Evans and Hicks.

        Mr. Watson, from the Judiciary committee made the following report, which was received and agreed to:


Page 118

        MR. SPEAKER--

        The Judiciary committee, to whom was referred "an act entitled an act for the relief of certain Tax Collectors, and for other purposes," have had the same under consideration and have instructed me to report that they recommend that said bill do not pass, the provisions thereof being, in the opinion of the committee, in direct conflict with the Constitution of the State.

        Mr. Watson, from the same committee, made the following report:

        MR. SPEAKER--

        The committee to whom was referred the bill entitled an act to authorize the Board of Police of Lowndes county to fix the fees of Jailors, with sundry amendments, have had the same under consideration, and have instructed me to report against the passage of the same, and offer in lieu thereof a a substitute which they pray may pass.

        The bill accompanying said report, entitled

        An act regulating the fees of Jailors in this State in certain cases,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Turley, of city of Vicksburg, appeared and was sworn in, and took his seat.

        Mr. Morehead offered the following resolution, which, the rules being suspended, was adopted:

        Resolved, (the Senate concurring,) That a committee of five on the part of the House, and----on the part of the Senate, be appointed, to whom so much of the Governor's message as refers to the subject of salt, and the reports of the various agents appointed "to obtain salt by mining or otherwise," are hereby referred for consideration.

        Committee, Messrs. Morehead, Dillard, McKay, Allen and Owen.

        Mr. Moore offered the following resolution, which was adopted:

        Resolved, That the committee on Military Affairs be instructed to inquire into the present status of the State troops in Confederate service paroled at Vicksburg. Whether the Confederate government has the right to discharge them before their exchange; and if so, whether they are already discharged; and if discharged by the Confederate authorities whether they are now in the State service and entitled to draw pay until exchanged and discharged, and that the committee be instructed to report to this House.

        Mr. Gowan introduced a bill to be entitled

        An act to provide for the payment of costs in certain criminal cases therein mentioned,


Page 119

        Which was read twice, under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Tindall introduced a bill to be entitled

        An act to revive and amend an act to extend the time for the collection of the taxes of the current fiscal year, approved Dec. 20th, 1861, and for other purposes,

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Tindall introduced a bill to be entitled

        An act to provide assessment rolls for the several counties of this State,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Murdock offered the following resolution:

        Resolved, That the committee on Elections be instructed to inquire and report whether any member of this House holds civil offices under the government of the Confederate States, which are lucrative as contemplated by section 27, article 3, of the Constitution of the State of Mississippi,

        Which, on motion of Mr. Seal, of Harrison,

        Was laid on the table by yeas and nays called for by Messrs. Murdock, Carroll and Arnold, as follows:

        YEAS--Mr. Speaker, Messrs. Bradford, Bestor, Boon, Brown, Barnett, Daniel, Dillard, Dale, Evans, Easterling, Eskridge, Fowler, Fox, Falconer, Fort, Gully, Gowan, Gray Hicks, Hooker, Hathorn, Hendon, Isom, Jackson, Johnson of DeSoto, Johnson of Tippah, Johnson of Wilkinson, Kirk, Liddell, Lowry, Marable, McKay of Green, McKay of Neshoba, Powe, Pinson, Rucks, Rogers, Seal of Harrison, Seal of Hancock, Sutton, Stephens, Taylor, Thompson, Upshaw, Wells and Wier--47.

        NAYS--Messrs. Allen, Arnold, Barton, Buntin, Clark, Cunningham, Carroll, Downs, Deason of Jones, Grace, High, Irby, Lott, Lewers, Morehead, Maxwell, Murdock, McLaurin, McNiel, Owen, Pounds, Prewitt, Regan, Robinson, Sessions, Tindall, Watson and Wynne--28.

        Mr. Eskridge introduced a bill to be entitled

        An act to encourage enlistments in the army of the Confederate States, and for other purposes,

        Which was read twice under a suspension of the rules, and referred to the committee on Military Affairs.

        On motion of Mr. Upshaw,

        Mr. Moore was added to the committee on Military Affairs.

        Mr. Rucks introduced a bill to be entitled

        An act to amend the law of divorces and alimony,

        Which was read twice under suspension of the rules, and referred to the Judiciary committee.


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        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined a bill entitled an act to amend an act incorporating the Mississippi Manufacturing Company, and find the same correctly enrolled.

        On motion of Mr. Seal, of Harrison,

        The House adjourned until to-morrow morning at 10 o'clock.

SATURDAY, November 7, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Coleman.

        Journal of yesterday was read and approved.

        Leave of absence was granted to Mr. McLaurin.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed a bill entitled "An act in relation to overseers of public roads running on the boundary line between two or more owners of land."

        And have adopted a joint resolution granting leave of absence to Hon. Wm. H. Kilpatrick,

        In which the concurrence of the House is desired.

        The Senate have passed the House bill entitled--

        "An act to authorize the Board of Police of Itawamba county to make a certain appropriation therein named."

        And have adopted a substitute to the joint resolution of the House in relation to the increase of the pay of non-commissioned officers and privates,

        In which the House is asked to concur.

        Mr. Barton presented the petition of Wm. H. Keys, which, on his motion, was referred to the Committee on Claims.

        On motion of Mr. Tindall, Messrs. Easterling and Stephens were added to the Special Committee raised on Friday to report a bill for the relief of indigent families of soldiers. On his further motion, the name of Chancellor Dickinson and the Rev. Dr. Neely were added to the names of the gentlemen invited to address the Legislature during the session.

        Mr. Seal, of Harrison, offered the following resolution, which was adopted:

        Resolved, That the Secretary of State be requested to furnish for the use of the House all the State Reports, the Revised Code, and all the Acts of the Legislature passed since


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the adoption of the Code, and all the ordinances of the late State Convention.

        Mr. Morehead offered the following resolution, which was adopted:

        Resolved, That the Governor be requested to inform this House whether an act entitled an "Act to provide for a guaranty by the State of Mississippi of the Bonds of the Confederate States," passed and approved January 3d, 1863, has been "published three months previous to the next (last) regular election in three newspapers of this State."

        Mr. Watson, from the Judiciary Committee, made the following reports:

        MR. SPEAKER--

        The Judiciary Committee to whom was referred the bill "entitled an act to provide for the payment of costs in certain criminal cases" therein mentioned, have had the same under consideration, and have instructed me to recommend that it do not pass.

        MR. SPEAKER--

        The Judiciary Committee to whom was referred a bill "entitled an act to authorize the Clerk of Probate of Winston county and others to aid and assist executors, administrators and others to prepare their accounts, pleadings, &c., in the Probate Court of Winston county," have had the same under consideration and recommend that it be not passed; which, on his motion, was received and agreed to.

        Mr. Downs offered the following resolution, which was adopted:

        Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency and propriety of this State becoming the agent of the Confederate States Government in the collection and paying over of the produce and other taxes, after the present year, and that they report by bill or otherwise.

        Mr. Rucks offered the following resolution, which was adopted:

        Resolved, That a committee of five be appointed to inquire into the expediency of increasing the salaries of the Governor and other State officers, and report to this house by bill or otherwise.

        The Speaker appointed the following committee:

        Messrs. Rucks, Murdock, Bradford, Powe and Fox.

        On motion of Mr. Arnold, Mr. Thompson was added to the committee on State University.

        On motion of Mr. Tindall, Messrs. Stephens and Clark were added to the Special Committee raised yesterday for relief of indigent families.


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        Mr. Stephens offered the following resolution, waich was adopted:

        Resolved, That the committee on Elections be instructed to inquire into the constitutionality of old members holding seats in this house from where no elections could be held, and report to this house by bill or otherwise.

        On motion of Mr. Seal, of Harrison,

        Messrs. Watson and Rucks were added to the committee on Elections.

        Mr. Fowler offered the following resolutinn, which was adopted:

        Resolved, That the committee on State and Confederate relations be requested to institute an investigation as to the course of impressment practised by the agents of the Confederate States and the State of Mississippi, and report, by biil or otherwise, a means of relief for our much injured citizens.

        Mr. Fort offered the following resolution, which was adopted:

        Resolved, That the committee on the Judiciary be instructed to inquire into the constitutionality of trying crimes and misdemeanors in the county other than that in which they were committed, and to report thereon by bill or otherwise.

        Mr. Liddell offered the following resolution, which was adopted:

        Resolved, That the Governor be requested to communicate to this house, at as early a day as practicable, the report or reports made to him by the Medical Commissioners appointed under the act of January 1st, 1863.

        Mr. Rodgers, by leave, introduced a bill to be entitled an act for the relief of the indigent families of soldiers of the county of Tippah. On his motion the constitutional rule was suspended.

        Bill read a second time by its title, and

        On motion of Mr. Upshaw,

        Referred to a special committee of ten, with instructions to inquire into the destitution and necessities of the wives, widows and children of those counties which are wholly or in part outside the Confederate military lines.

        The Speaker appointed as said committee Messrs. Upshaw, Prewitt, Rodgers, Bradford, Seal of Harrison, Allen, Barnett, Fowler, Hicks and Thompson.

        Mr. Regan, by leave, introduced a bill to be "entitled an act to repeal an act to authorize the appointment of two Medical Commissioners to especially attend to the sick and wounded soldiers from this State from the Confederate army, and for other purposes, approved January 1st, 1863," which,


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on his motion under a suspension of the rule was read a second time by its title, and,

        On motion of Mr. Liddell,

        Was made the special order for Wednesday next.

        Mr. Arnold, by leave, introduced a bill to be "entitled an act to repeal the law exempting members of the Legislature from military duty," which, on his motion under a suspension of the rules, was read three several times and passed.

        Ordered that title stand as stated.

        Mr. Eskridge, by leave, introduced a bill to be "entitled an act to repeal an act entitled an act to annex a part of Tallahatchie county to the county of Sunflower," and for other purposes. On his motion the constitutional rule was suspended, the bill read a second time by its title, and on his further motion referred to the committee on county boundaries.

        On motion of Mr. Seal, of Harrison,

        Messrs. Clark and Eskridge were added to the special Committee raised yesterday to provide for the relief of indigent families of soldiers.

        Mr. Gowan, by leave, introduced a bill to be "entitled an act to increase the per diem allowance of clerks and inspectors of elections. On his motion the constitutional rule was suspended, the bill read the second time by its title, and,

        On motion of Mr. Upshaw,

        Was referred to the Committee of Ways and Means.

        Mr. Murdock gave notice that on Monday he would introduce a bill to incorporate the Southern College of Medicine and Surgery.

        Mr. Rucks, by leave, introduced a bill to be "entitled an act to remove the civil disabilities of William Rice Hooker;" and on his motion the constitutional rule was suspended, the bill read three several times forth with, and passed with title as stated.

        Mr. Gowan offered the following resolution, which was adopted:

        Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency and constitutionality of a law to provide for the reduction of the present exorbitant prices of salt, cotton cards, other articles of prime necessity and the necessaries of life, punishment of extortioners, and to report by bill or otherwise.

        Mr. Fowler moved to lay the resolution on the table, which was lost by ayes and nays called for by Messrs. Gowan, Barton and Seal of Harrison.

        AYES--Messrs. Buntin, Barnett, Dale, Fowler, Isom, Owen, Taylor and Thompson--8.

        NAYS--Mr. Speaker, Messrs. Archer, Allen, Arnold, Bradford,


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Bestor, Boone, Barton, Brown, Clark, Carroll, Deason of Copiah, Downs, Deason of Jones, Daniel, Dillard, Evans, Easterling, Eskridge, Fox, Fort, Gully, Grace, Gowan, Gray, Hooker, Hathorne, High, Hudson, Irby, Jackson, Johnson of De Soto, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lowry, Lewers, Moore, Marable, Maxwell, Murdock, McKay of Green, McKay of Neshoba, McNeil, Pounds, Powe, Prewitt, Regan, Rodgers, Robinson, Seal of Harrison, Seal of Hancock, Sessions, Sutton, Stubbs of Smith, Tindall, Upshaw, Wells, Wier, Watson and Wynne--63.

        On motion of Mr. Gowan his resolution was adopted.

        Mr. Lewers, by leave introduced a bill to be "entitled an act to change the rule of practice in the Circuit, Chancery, Probate and other courts for this State." On his motion the constitutional rule was suspended, bill read a second time by its title, and, on his further motion, the bill was referred to the committee on Judiciary.

        Leave of absence was granted Messrs. Tindall, Upshaw and Carroll.

        On motion of Mr. Seal of Harrison,

        The House adjourned until Monday morning, at 10 o'clock.

MONDAY, November 9, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Sears.

        Journal of Saturday read and approved.

        Messrs. J. B. Ross, of Hinds, Buntin, Yandell, of Yazoo, and J. G. L. McGehee, of Pike, appeared, presented their credentials, and were sworn in as members of the House.

        The Speaker presented the following communication:

OFFICE SECRETARY OF STATE,
Columbus, Nov. 9th, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--I have the honor, through you, to say in reply to the resolution of the House of Representatives, adopted on the 7th inst., requesting to be furnished with "copies of State Reports, Revised Code, acts of the Legislature passed since the adoption of the Code, and the Ordinances of the late State Convention," that I have in my office at this place none


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of the documents designated, except a few copies of the acts of the last regular session of the Legislature, which I this day send to the House.


        Also, a communication from Messrs. Cooper & Kimball, State Printers, which,

        On motion of Mr. Johnson, of DeSoto,

        Was referred to a select committee of three.

        The Speaker appointed as said committee Messrs. Johnson, of DeSoto, Falconer and Eskridge.

        Mr. Wells presented the petition of A. W. Herring and other citizens of Attala county, which,

        On his motion,

        Was referred to the committee of Ways and Means.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have adopted the following joint resolution, in which the House is asked to concur:

        Resolved, (the House concurring,) That a joint select committee be appointed, consisting of five members on the part of the Senate, and----on the part of House, whose duty it shall be to inquire into the expediency of giving further relief by law, to the indigent or needy families of soldiers, and also to the like families of deceased soldiers, and to report by bill or otherwise at as early a day as practicable.

        Messrs. Terry, Drake, Quinn, Mosely and Lowry are the Senate committee.

        Blank was filled with 10 and resolution concurred in.

        The Senate have passed House bill entitled an act regulating the fees of Jailors in certain cases, with an amendment thereto, in which the House is asked to concur.

        The amendment was concurred in.

        The Senate have concurred in the joint resolution of the House providing for a joint select committee to wait on the Governor elect and inform him of his election, and have appointed as said committee on the part of the Senate, Messrs. Oliver, Moore and Wilson, the blank in the resolution having been filled with three.

        And have also adopted joint resolution of the House providing for a joint select committee to consider the Governor's message in relation to salt, and have filled the blank in the same with the number five. Messrs. Greer, Moore, Griffin, Mosely, Loper and Yerger have been appointed as said committee on the part of the Senate.

        The Senate have passed a joint resolution entitled "joint resolution conferring certain powers on the Governor," in which the concurrence of the House is desired.

        On motion of Mr. Morehead,

        Messrs. Seal, of Harrison, and Murdock were added to the


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joint select committee to whom so much of the Governor's message as refers to the subject of salt, and the reports of the various agents appointed to obtain salt by mining or otherwise, was referred.

        Mr. Lott introduced a bill to be entitled

        An act to remove the civil disabilities of Augustus H. Ware, a minor,

        And on his motion,

        The constitutional rule was suspended, the bill read three several times forthwith, and passed with title as stated.

        Mr. Murdock introduced a bill to be entitled

        An act to enable the counties of Lowndes, Oktibbeha, Noxubee, and the city of Columbus, to sell and dispose of Railroad stock.

        On his motion,

        The constitutional rule was suspended, the bill read twice, and referred to the committee of Ways and Means.

        Mr. Houston introduced a bill to be entitled

        An act to amend an act to incorporate the Bank of Jackson and other Banks, which,

        On his motion,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Rucks presented claim of boy Charles, which,

        On his motion,

        Was referred to the committee on Claims.

        Mr. Fowler introduced a bill entitled

        An act for the relief of George R. Fall, which,

        On his motion,

        Was read twice under a suspension of the rules, and referred to the committee on Claims.

        Mr. Fowler introduced a bill entitled

        An act to change the name of Walter Masonhimer to Walter Mason,

        And on his motion,

        The rule was suspended, the bill read three several time forthwith, and passed with title as stated.

        Mr. Regan called up Senate messages.

        On motion of Mr. Gowan,

        The House concurred in Senate substitute for House resolution in regard to the pay of soldiers in the Confederate army.

        Senate bill entitled an act to compel Railroads to keep light fire and water on their cars, was taken up, and

        On motion of Mr. Houston,

        The rule being suspended, was read twice and referred to the committee on Propositions and Grievances.

        The following message was received from the Senate:


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        MR. SPEAKER--

        The Senate has adopted the following resolution, in which the concurrence of the House is desired:

        Resolved, (the House concurring,) That the two Houses meet in joint convention on Tuesday, the 10th November, 1863, at 12 o'clock, for the purpose of electing one Reporter of the decisions of the High Court of Errors and Appeals, a State Printer, a Superintendent and Clerk of the Penitentiary, and a Keeper of the Capitol.

        The Senate has concurred in the House resolution appointing Thursday, 12th day of November, 1863, at 12 o'clock, for the election of Confederate Senator.

        A Senate bill entitled an act to increase the salary of the Probate Judge of Lauderdale county, was

        On motion of Mr. Grace,

        The rules being suspended, read second time, and

        On motion of Mr. Bradford,

        Was referred to the committee of Ways and Means.

        Senate bill entitled "an act in relation to the overseers of public roads running on the boundary line between two or more owners of land,"

        On motion of Mr. Hicks,

        Was read three several times, and psssed with title as stated.

        Senate joint resolution granting leave of absence to the Hon. Wm. H. Kilpatrick,

        On motion of Mr. Houston,

        Was concurred in.

        The Senate joint resolution appointing a joint select committee in relation to indigent families of soldiers, was

        On motion of Mr. Stephens,

        Concurred in, and the blank filled with ten.

        The Chair appointed the following gentlemen as said committee on the part of the House: Messrs. Watson, Bestor, Tindall, Gully, Johnson of DeSoto, Yandell, Johnson of Wilkinson, High, Brown and Lott.

        On motion of Mr. Fox,

        The Senate amendment to the House bill entitled an act to be entitled an act regulating the fees of Jailors in certain cases, was concurred in.

        On motion of Mr. Gowan,

        The Senate joint resolution conferring certain powers on the Governor, was concurred in.

        Mr. Hicks moved to concur in Senate joint resolution appointing Tuesday, 10th day November, 1863, 12 o'clock, M., for the election of certain officers therein named.

        Mr. Yandell moved to strike out Keeper and Clerk of Penitentiary.


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        Mr. Moore moved to lay the resolutions and amendments on the table,

        Which was adopted.

        House bill entitled an act supplementary to an act better to provide for the families of our soldiers, approved January 3, 1863, was read the second time.

        Mr. Stephens called up the special order of the day, viz: The Governor's message.

        On motion of Mr. Johnson, of DeSoto,

        So much of the Governor's message as relates to the Penitentiary was referred to the committee on the Penitentiary.

        On motion of Mr. Regan,

        So much as relates to the Lunatic Asylum, and to the Institutions for the Deaf and Dumb and Blind, was referred to the joint standing committee on said Institutions.

        On motion of Mr. Upshaw,

        So much of the Governor's message as relates to the Impressment of Horses, was referred to the committee on State and Confederate Relations.

        On motion of Mr. Johnson, of DeSoto,

        So much of the Governor's message as relates to the Ordnance Department, Quartermaster General's Department and Adjutant General's Department, was referred to the committee on Military Affairs.

        On motion of Mr. Irby,

        So much of the Governor's message as relates to the removal of negroes was referred to the committee on Military Affairs.

        On motion of Mr. Stephens,

        So much of the Governor's message as relates to Money, and the salaries of State officers, was referred to the committee of Ways and Means.

        And so much as relates to Wives, Widows and Children of Soldiers, was referred to the select committee heretofore raised on that subject.

        Mr. Murdock introduced a bill entitled

        An act to incorporate the Southern College of Medicine and Surgery,

        Which was read twice under a suspension of the rule, and referred to the committee on Education.

        Mr. Rodgers moved that the Clerk be instructed to request the return from the Senate of the bill to be entitled an act to repeal the law exempting the members of the Legislature from military duty, and a reconsideration of the vote by which said bill passed this House.

        Pending which,

        On motion of Mr. Barton,

        The House adjourned till 3 o'clock, P. M.


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THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The question pending on adjournment, to-wit: the motion of Mr. Rogers, was taken up and adopted.

        The following message was received from the Senate:

        MR. SPEAKER--

        By instruction of the Senate I herewith return to the House of Representatives the House bill entitled an act to repeal the law exempting the members of the Legislature from military duty, in accordance with the request made this day of the Senate by the House.

        The vote by which the bill entitled an act to repeal the laws exempting the members of the Legislature from military duty was passed, was reconsidered.

        The vote by which the bill was read the third time was reconsidered.

        Mr. Bradford offered the following amendment, by adding to section one:

        Provided, That the members of the Legislature shall be exempt from military duty during any regular or called session thereof, and for twenty days before the meeting and twenty days after the adjournment of each session.

        On motion of Mr. Rogers,

        The bill and amendment were laid on the table.

        Mr. Grace gave notice that he would on to-morrow or some future day introduce a bill to be entitled

        An act to amend an act to prohibit the distillation of spirits from corn, rye, or other gran, approved January 3d, 1863.

        Mr. Morehead introduced a bill to be entitled

        An act better to provide for the families of soldiers, amendatory to an act approved January 3, 1863,

        Which was read twice under a suspension of the rules, and referred to the joint select committee on Indigent Families.

        On motion of Mr. Rogers,

        The House adjourned until to-morrow morning at 10 o'clock.

TUESDAY, November 10, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        The journal of yesterday was read and approved.

        Leave of absence was granted Mr. Pounds.


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        Mr. Robinson presented a communication from Jarvis Seal, which was referred to the committee on Military Affairs.

        Mr. Bestor from the committee on Education made the following report, which was received and agreed to.

        MR. SPEAKER--

        The committee on Education, to whom was referred an act to authorize the Board of Police of the county of Itawamba to borrow money from the school fund, have had the same under consideration and have instructed me to report it back to the House, and recommended that it do pass.

        The bill accompanying the report was,

        On motion of Mr. Downs,

        Read the third time.

        Messrs. Bradford, Barton and Maxwell called for the yeas and nays on the passage of the bill and the bill was passed, the title standing as stated:

        YEAS--Mr. Speaker, Messrs. Archer, Allen, Arnold, Bestor, Boon, Barton, Brown, Buntin, Clark, Deason of Copiah, Downs, Deason of Jones, Daniel, Dillard, Dale, Evans, Eskridge, Fowler, Fox, Falconer, Fort, Gully, Graves, Gowan, Gray, Hooker, Hendon, Isom, Jackson, Johnson of DeSoto, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lott, Lowry, Lewers, Minter, Moore, Marable, Morehead, Murdock, McKay of Green, McKay of Neshoba, McGehee, McNeil, Owen, Pope, Powe, Pinson, Prewitt, Regan, Rodgers, Ross, Robinson, Seal of Harrison, Seal of Hancock, Sessions, Sutton, Stubbs of Smith, Stephens, Taylor, Thompson, Tindall, Turley, Upshaw, Wells, Wier, Watson, Wynne and Yandell--72.

        NAYS--Messrs. Bradford, Barnett, Easterling, Hicks, Irby and Maxwell--6.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following entitled bills, in which the concurrence of the House is desired, to-wit:

        A bill entitled an act for the recovery of personal property wrongfully taken or detained.

        An act to incorporate the Alabama and Mississippi Rivers Railroad Company.

        An act for the relief of G. S. McMillan, District Attorney for the 2d Judicial District of the State of Mississippi.

        An act to extend the time for the assessment of taxes in certain counties threin named.

        Also, the following joint resolution:

        Resolved, (the House concurring,) That the rules in relation to joint standing committees be amended by the addition of another on Agriculture and Mechanics.


Page 131

        The Senate have passed House bill entitled an act to remove the civil disabilities of Wm. Rice Hooker.

        Mr. Seal, of Harrison, offered the following joint resolution, which, the rules being suspended, was adopted:

        Resolved, (the Senate concurring,) That a committee of five on the part of the House, and----on the part of the Senate, be appointed, for the purpose of compiling the Constitution of the State of Mississippi, together with the various amendments made by the Legislature and the State Convention; said compilation when completed to be published in the printed acts of this session, together with the Constitution of the Confederate States.

        The following is the committee on the part of the House:

        Messrs. Seal, of Harrison, Alcorn, Watson, Hicks and Rucks.

        Mr. Grace introduced a bill to be entitled

        An act to amend an act entitled an act to prevent the distillation of spirits from corn, rye, or other grains, or molasses and sugar, approved January 3d, 1863,

        Which was read twice under suspension of the rules, and referred to the Judiciary committee.

        Mr. Tindall gave notice that he would on to-morrow, or some future day, introduce a bill to be entitled

        An act to repeal an act to prevent the distillation of grain and other substances, and for other purposes.

        Mr. Boon offered the following resolution, which was adopted:

        Resolved, That the committee on Ways and Means be instructed to inquire into the expediency of exempting from taxation all slaves who have been taken off by the Yankees since the first day of May last, and report by bill or otherwise.

        Mr. Rogers introduced a bill to be entitled

        An act to repeal an act prohibiting the distillation of spirits, &c.,

        Which was read twice, under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Seal, of Hancock, offered the following resolution, which, the rules being suspended, was adopted:

        Resolved, (the Senate concurring,) That our Senators be instructed, and Representatives in Congress be requested, to take into consideration the practicability of using negro men in the Confederate service as teamsters, nurses and pioneer corps.

        On motion of Mr. Tindall,

        Mr. Yandell was added to the committee of Ways and Means.

        Mr. Irby introduced a bill entitled


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        An act to repeal certain clauses of an act entitled an act to authorize the impressment of slaves and other personal property for military purposes, approved January 3, 1863,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Rucks, from a select committee, made the following report, accompanied by a bill:

        MR. SPEAKER--

        The committee appointed to inquire into the expediency of increasing the salaries of the Governor and other State officers, and report by bill or otherwise, would respectfully report that in their opinion the salaries of the State officers should be increased, as, owing to the enhanced price of every necessity of life, the sums at what they are now fixed by law are totally inadequate to their support. These officers are compelled to reside at the seat of Government, wherever the same may be located, as the duties of their offices require their constant attendance. Your committee herewith report a bill fixing the sums to which, in their opinion, the respective salaries should be increased.

        On motion,

        The report was received and the bill read once.

        Mr. Dale moved that the report be agreed to,

        Which was lost.

        Mr. Lewers offered the following resolution:

        Resolved, (the Senate concurring,) That the Senators in the Confederate States Congress from this State be instructed, and the Representatives from the different districts be requested, to urge before Congress the passage of an act requiring the appointment of an agent or agents on the part of the Confederate States to visit the different portions of the State of Mississippi for the purpose of auditing and adjusting and paying off certificates and receipts given persons therein for provisions and other property impressed and used by order of Confederate States officers.

        Mr. Rodgers offered the following amendment:

        Insert after the words "property impressed" the words "cotton burned," which,

        On motion of Mr. Stephens,

        Was laid on the table.

        The vote was then taken on the passage of the resolution and decided in the affirmative.

        Mr. Deason, of Copiah, introduced a bill to be entitled

        An act to authorize and regulate the voting of elections of the State while in the military service of the State or Confederate States,

        Which was read twice under a suspension of the rules, and referred to the committee on the Judiciary.


Page 133

        Mr. Dillard introduced a bill to be entitled

        An act to procure cotton and wool cards for the indigent families of soldiers and the citizens of the State,

        Which was read twice under a suspension of the rules, and

        On motion of Mr. Fox,

        Referred to the committee of the whole House.

        On motion of Mr. Rodgers,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The question pending on adjournment, to-wit: The consideration in committee of the Whole of the bill to be entitled an act to procure cotton and wool cards for the indigent families of soldiers and the citizens of the State.

        The Speaker called Mr. Seal, of Harrison, to the Chair.

        After sometime spent in committee of the Whole,

        The committee rose, reported the bill back to the House with the recommendation that it do not pass.

        On motion of Mr. Hicks,

        The report of the committee of the Whole was received.

        On motion of Mr. Seal, of Harrison,

        The bill was referred to a select committee of five.

        The Speaker appointed as said committee Messrs. Dillard, Seal of Harrison, Bestor, Yandell and Hicks.

        Mr. Upshaw obtained leave of absence for the evening on business of the Military committee.

        Mr. Dale offered the following resolution:

        Resolved, That a committee of three be appointed to wait on Maj. Gen. Gholson and tender him the use of this House to deliver an address on to-morrow evening at 7 o'clock.

        Committee, Messrs. Dale, Yandell and Eskridge.

        Mr. Johnson, of DeSoto, introduced a bill to be entitled

        An act to provide an assistant to the Quartermaster General of this State,

        Which was read twice under a suspension of the rules.

        Mr. Eskridge offered the following amendment:

        Provided, Said assistant or clerk shall not be under forty-five years of age,

        Which was adopted.

        On motion of Mr. Hicks,

        The bill and amendments were referred to the Military committee.

        On motion of Mr. Gowan,

        The joint resolution of the Senate in relation to the election of Reporter of the decisions of the High Court of Errors and Appeals, State Printer, &c., was called from the table.


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        Mr. Gowan offered the following amendment:

        Strike out "Tuesday, the 10th," and insert "Wednesday, the 11th,"

        Which was adopted.

        Mr. Moore moved to strike out "Superintendent and Clerk of the Penitentiary and Keeper of the Capitol."

        Mr. Regan called for a division of the question.

        The vote was first taken on striking out "Keeper and Clerk of the Penitentiary,"

        Which was adopted.

        On motion of Mr. Irby,

        The resolution as amended was concurred in.

        The following message was received from the Governor through his private Secretary, Col. J. H. Rives:

        I am directed by his Excellency, the Governor, to deliver to you the following message in writing:

EXECUTIVE OFFICE,
Columbus, Miss., Nov. 10, 1863.

Gentlemen of the House of Representatives:

        In response to your resolution requesting to be informed whether an act entitled an act to provide for a guaranty by the State of Mississippi of the bonds of the Confederate States, passed and approved January 3d, 1863, has been published three months previous to the next regular election, in three newspapers of this State.

        I have to state that about the last of June, I directed my then private Secretary to send a copy of the act to three editors of newspapers of this State, to publish the same for three months. This is my recollection of the matter.--Whether the subject was neglected, or if the letters were mailed and lost in the then disturbed state of transportation, I am not able to state. When my attention was called to the fact that it did not appear in the papers, it was too late, as there was not then three months (the time prescribed) until the election. I can only express my regret and the hope that no irreparable evil will result from the failure to publish the act.

        I herewith send you the report of Dr. A. C. Holt, from Cartersville, Ga., where he was giving his attention to the sick and wounded Mississippi soldiers.

        Dr. E. M. Blackburne, the other commissioner, was in my office a few days since, and reported verbally that he had rendered all the aid in his power to our sick and wounded on the field and in the Hospitals about Chattanooga.

JOHN J. PETTUS.


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CARTERSVILLE, GA., Oct. 28, 1863.

Gov. J. J. Pettus:

        SIR--Shortly after the date of the last report I had the honor to make to you, the army of Virginia made the movement into Pennsylvania. Failing to procure a horse I was unable to follow the army, and passed the summer in visiting the various Hospitals.

        When Longstreet's corps came to this army I followed it, and have been engaged since the battle of Chickamauga in rendering all the aid in my power to the wounded of that battle. After the field infirmaries were broken up, I took a tour among the Hospitals in this Department, and take pleasure in stating that I found them generally well managed and the patients well cared for. I shall remain with this army until the present campaign is closed.


        The following message was received from the Senate: MR. SPEAKER--

        The Senate has adopted the following joint resolution, in which the concurrence of the House is desired:

        Resolved, (the House concurring,) That having learned that Major General Gholson has arrived in this city, he is invited and requested to address this Legislature, in the Representative Hall, to-morrow evening at 7 o'clock, and that the Secretary communicate a copy of this resolution to General Gholson.

        On motion of Mr. Johnson,

        The Senate message just received was taken up and the joint resolution concurred in.

        Mr. Tindall offered the following joint resolution, which was adopted:

        Resolved, That the committee on the Penitentiary be instructed to inquire into the present condition of that institution, and what disposition should be made of the convicts now in the jails of the several counties of this State, and report to this House.

        The committee on Enrolled Bills made the following report: MR. SPEAKER--

        The committee on Enrolled Bills have examined bills of the following titles, find the same correctly enrolled and have submitted them to the Governor for his approval and signature:

        An act to amend an act incorporating the Mississippi Manufacturing company.

        An act regulating the fees of Jailors in certain cases.

        An act to remove the civil disabilities of William Rice Hooker.

        An act to authorize the Board of Police of Itawamba county to make an appropriation out of the county treasury to pay the tax assessor for taking the number of children between


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six and eighteen years, in order to an equal dividend of that portion of the school fund appropriated to be laid out annually for the use of common schools.

        On motion of Mr. Fowler,

        The House adjourned until to-morrow morning at 10 o'clock.

WEDNESDAY, Nov. 11, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Stainback.

        Journal of yesterday read and approved.

        Leave of absence was granted Mr. Pounds until next Monday.

        Mr. S. S. Montgomery, Representative elect from the county of Franklin, presented his credentials and was sworn in as a member of this House.

        On motion of Mr. Tindall,

        Leave of absence was granted Mr. Upshaw, chairman of the Military committee.

        The following communication was received from Messrs. Cooper & Kimball, Public Printers:

OFFICE MISSISSIPPIAN EXTRA,
Columbus, Nov. 7, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--I have the honor to state, for the information of the House of Representatives, that arrangements have been made by the undersigned, State Printers, with the Southern Republic office of this city for the printing of bills and such other light work as the convenience of the Legislature may require. Heavy jobs are sent to our office in Selma. Those requiring a great number of copies are also sent there. Having only hand-presses here, and a limited supply of material and help, large jobs are forwarded by Express, executed and sent back in less time than it would take to do them here. In fact, with our facilities at this place we cannot execute heavy jobs at all, as there is not material enough. At Selma we have three power presses running by steam, and shall use every effort to execute the work ordered by the Legislature with the least possible delay.


        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed a bill entitled "an act to provide


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for the examination of the offices of the Auditor of Public Accounts and State Treasurer.

        And have adopted a joint resolution entitled "joint resolution for defraying certain expenses."

        The Senate has adopted the following resolution, in which the concurrence of the House is desired:

        Resolved, (the House concurring,) That a committee of three on the part of the Senate, and----on the part of the House, be appointed, whose duty it shall be to examine the acts of the Legislature since the year 1857, and the ordinances of the Convention, and ascertain what amendments have been made to the Constitution of the State, and have the same annexed to the Constitution and published with all future acts of the Legislature.

        The President has appointed as said committee on the part of the Senate, the following named Senators: Messrs. Hamilton, Mayson and Davis.

        The Senate have passed the following entitled House bills:

        An act to amend an act to incorporate the Bank of Jackson and other Banks.

        An act to remove the civil disabilities of Wm. W. Brooks, a minor.

        An act to remove the civil disabilities of Augustus H. Ware, with an amendment to the bill and an amendment to the title thereof.

        The Senate have concurred in House amendment to Senate resolution in relation to the election of a State Printer, State Reporter, Keeper of the Capitol, &c.

        The Speaker presented the report of the State Treasurer, which was read. [See Appendix.]

        On motion of Mr. Thompson,

        The report was referred to the committee of Ways and Means, and 500 copies ordered to be printed for the use of this House.

        Call of counties.

        Mr. Bestor presented the petition of Wm. S. Price, Sr., a citizen of Clark county, which,

        On his motion,

        With the accompanying documents, was referred to the committee on State and Confederate Relations.

        Mr. Seal, of Hancock, introduced a bill to be entitled

        An act to pay the clerks, inspectors and returning officers of Elections, and to increase the per diem of members of the Board of Police of Hancock county,

        Which was read twice under a suspension of the rules.

        Mr. Johnson, of Wilkinson, moved the reference of the bill to the committee of Ways and Means,

        Which motion was lost.


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        Mr. Arnold presented the memorial of W. C. Tucker, a citizen of Lowndes county, asking the passage of a law authorizing him to sell wine, manufactured by him, by the bottle, which,

        On motion of Mr. Hicks,

        Was referred to the committee on Propositions and Grievances.

        Mr. Fort introduced a bill to be entitled

        An act to establish the mutilated or destroyed records or deeds, and other instruments, in Marshall county,

        Which was read twice under a suspension of the rules, and

        On motion of Mr. Eskridge,

        Referred to the Judiciary committee with instructions to report a general bill on the same subject.

        Mr. Gowan introduced a bill to be entitled

        An act amendatory of an act entitled an act to appropriate fines, forfeitures, licenses and moneys arising from the sale of estrays and runaway slaves in Jones county, approved Dec. 4, 1861, and to extend the provisions of the same to the county of Simpson.

        Which was read twice under a suspension of the rules, and

        On motion of Mr. Thompson,

        Referred to the Judiciary committee.

        Mr. Barnett introduced a bill to be entitled

        An act for the relief of Administrators, Guardians, Trustees, &c., in certain cases,

        Which was read twice under a suspension of the rules, and

        On his motion,

        Referred to the Judiciary committee.

        Mr. Watson, from the Judiciary committee, made the following report:

        MR. SPEAKER--

        The Judiciary Committee to whom was referred a bill entitled "an act to enforce the collection laws of this State," have had the same under consideration, and have instructed me to recommend that it be not passed.

        And moved that the report be received and agreed to.

        Mr. Eskridge called for a division of the question.

        The report was received.

        Mr. Rogers moved to lay the bill on the table, which was decided in the negative by yeas and nays called for by Messrs. Eskridge, Yandell and Tindall, as follows, viz:

        YEAS--Mr. Speaker, Messrs. Barton, Brown, Clark, Cunningham, Deason of Copiah, Deason of Jones, Easterling, Gully, Hooker, Hathorn, Jackson, Johnson of Tippah, Kirk, Lowry, Moore, Marable, Morehead, Montgomery, McKay of Green, McKay of Neshoba, McLaurin, McGehee, McNiel,


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Owen, Powe, Pinson, Rogers, Robinson, Seal of Harrison, Sutton, Stubbs of Smith, Wells and Wier--34.

        NAYS--Messrs. Archer, Alcorn, Allen, Arnold, Bradford, Bestor, Boon, Buntin, Barnett, Carroll, Downs, Dillard, Evans, Eskridge, Fowler, Fox, Falconer, Grace, Gowan, Gray, Hicks, High, Hendon, Isom, Irby, Johnson of DeSoto, Johnson of Wilkinson, Liddell, Lott, Lewers, Minter, Maxwell, Murdock, Prewitt, Regan, Rucks, Ross, Sessions, Stephens, Turley, Taylor, Thompson, Tindall, Watson, Wynne and Yandell--46.

        Mr. Eskridge moved to lay the bill on the table and print 100 copies,

        Which motion was lost.

        Mr. Alcorn moved that the House agree to the report.

        Pending which,

        The House took a recess of five minutes to the end that the two Houses go into joint convention for the purpose of electing a Reporter of the decisions of the High Court of Errors and Appeals, &c.

        Recess having expired, the House was called to order.

        The Senate being announced, entered and took the seats assigned to them.

        The President of the Senate explained the object of the joint convention.

        Mr. Luckett, of the Senate, moved that the convention proceed to the election of Reporter of the decisions of the High Court of Errors and Appeals by ballot.

        The President appointed Messrs. Luckett of the Senate, and Seal, of Harrison, of the House, tellers.

        Mr. Lowry, of the Senate, nominated A. Y. Harper, of Rankin.

        Mr. Eskridge of the House, nominated J. Z. George, of Carroll.

        On summing up the votes it appeared that

        Mr. A. Y. Harper having received a majority of all the votes cast was declared to be duly and constitutionally elected to the office of Reporter of the decisions of the High Court of Errors and Appeals for the term prescribed by law.

        The joint convention then proceeded to the election of State Printer.

        Mr. Yerger, of the Senate, nominated Messrs. Cooper & Kimball.


Page 140

        Mr. Patton, of the Senate, nominated Messrs. J. J. Shannon & Co.

        Mr. Murdock, of the House, nominated Mr. J. D. Williams.

        On summing up the votes it appeared that

        Messrs. J. J. Shannon & Co., having received a majority of all the votes cast, were declared duly elected Public Printers for the term prescribed by law.

        The convention then proceeded to the election of Keeper of the Capitol and Librarian.

        Mr. Ross, of the House, nominated Charles Clayland.

        Mr. Irby, of the House, nominated DeWitt Clinton.

        Mr. Tindall, of the House, nominated Wm. Myatt.

        Mr. Jordan, of the Senate, nominated Jno. F. Dunlap.

        Mr. Yerger, of the Senate, nominated Wm. J. Brown, Jr.

        On summing up the votes it appeared that

        Neither candidate having received a majority of all the votes cast, there was no election.

        On motion of Mr. Thompson,

        DeWitt Clinton, of Panola, was declared Keeper of the Capitol and Librarian by acclamation.

        The object of the joint convention having been accomplished, the Senate retired to their chamber.

        Mr. Lewers gave notice of his intention to move a reconsideration of the vote by which, on yesterday, the House refused to agree to report of the select committee reporting an act to increase the salaries of the Governor and other State officers.

        Mr. Hendon moved that the House adjourn until 10 o'clock to-morrow morning,

        Which was lost.

        On motion of Mr. Thompson,

        The House adjourned to three o'clock, P. M.


Page 141

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The question pending on adjournment, to-wit: the motion of Mr. Alcorn to agree to the report of the Judiciary committee on a bill to be entitled "an act to enforce the collection laws of this State," was taken up,

        Mr. Thompson being entitled to the floor.

        Pending the discussion of the question,

        On motion of Mr. Stephens,

        The House adjourned until to-morrow morning at 10 o'clock.

THURSDAY, November 12, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Adams.

        Journal of yesterday read and approved.

        Mr. Wm. B. Shelley, Representative elect from the County of Itawamba, presented his credintials and was sworn as a member of the House.

        The House resumed to consideration of the question pending on adjournment of the House on yesterday, viz: the motion of Mr. Alcorn to agree to the report of the Judiciary Committee, on a bill to be entitled an act to enforce the collection laws of this State.

        The report was agreed to.

        Mr. Watson, from the Judiciary committee made the following report:

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a bill to be entitled "an act to amend the law of Divorces and Allimony," have had the same under consideration, and have instructed me to recommend that it pass.

        Mr. Hicks moved to receive and agree to the report.

        Mr. Watson called for a division of the question.

        The report was received.

        The question then came up on agreeing to the report, and was decided in the negative.

        On motion of Mr. Stephens. Mr. Yandell was added to the Committee on Military affairs.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed the following entitled bills:


Page 142

        An act to extend the powers of the Police Courts of Chickasaw, Noxubee, Winston, Choctaw, Carroll and Sunflower Counties.

        An act to remove the civil disabilities of Joseph H. Askew.

        An act to extend the law in reference to overseers of roads.

        And have passed House bill entitled "An act to provide for the reiief of destitute families of Yazoo County.

        The Senate have also passed bills with the following titles:

        An act to increase the salary of the Governor of this State.

        An act to authorize the payment of interest upon common school funds and for other purposes, in which the concurrence of the House is desired.

        On motion of Mr. Upshaw the House took a recess of ten minutes, to the end that the Hall of the House be prepared for the reception of the Senate, that the two Houses go into Joint Convention for the election of a Confederate States Senator.

        Recess having expired, the House was called to order and the clerk was instructed to inform the Senate that the Hall of the House was ready for the reception of the Senate, for the purpose of going into Joint Convention for the election of Confederate State Senator.

        The Senate having been announced by the Sergeant-at-Arms, entered and took the seats assigned them.

        The President of the Senate explained the object of the meeting of the Joint Convention to be the election of a Confederate States Senator for six years, after the expiration of the term of the Hon. James Phelan.

        Mr. Hamilton of the Senate moved that the Joint Convention proceed to the election by ballot.

        Mr. Thompson of the House moved to amend by proceeding to the election viva voce, which was lost.

        The motion of Mr. Hamilton was then adopted.

        Nominations being in order,

        Mr. Oliver of the Senate nominated Hon. James Phelan of Monroe County.

        Mr. Moore of the Senate nominated J. W. C. Watson, of Marshall.

        Mr. Luckett of the Senate nominated Fulton Anderson of Hinds.

        Mr. McRae of the Senate nominated Gen. W. S. Featherston of Marshall.

        Mr. Liddell of the House nominated Walker Brooke of Warren.

        Mr. Tindall of the House nominated Gen. S. J. Gholson of Monroe.

        Mr. Dillard of the House nominated Chas. D. Fontaine of Pontotoc.


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        On motion, Mr. Moore of the Senate and Mr. Brown of the House were appointed tellers.

        On the first ballot,

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a second ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the third ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention was proceeding to a fourth ballot, when

        On motion of Mr. Luckett of the Senate, the Convention took a recess until 3 o'clock, P. M.


Page 144

THREE O'CLOCK P. M.

        Recess having expired, the Convention was called to order by the President. On a call of the Convention a quorum appearing, the Convention proceeded to a fourth ballot, the name of C. D. Fontaine of Pontotoc, being withdrawn,

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a fifth ballot:

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a sixth ballot:

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a seventh ballot:

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the eighth ballot:

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a ninth ballot.

        Mr. Seal of Harrison, of the House, nominated Gen. Chas. Clark, of Bolivar, when,

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a tenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, on motion of Mr. Rogers of the House, the Convention took a recess until to-morrow morning at 10 o'clock.


Page 146

FRIDAY, November 13, 1863.

        Recess having expired the Joint Convention re-assembled and was called to order by the President.

        Prayer by the Rev'd Dr. Coleman.

        On a call of the respective rolls of the two Houses a quorum appeared.

        The name of Gen. Charles Clark was withdrawn by Mr. Rogers of the House.

        The Convention then proceeded to the eleventh ballot:

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the twelfth ballot:

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a thirteenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the fourteenth ballot, when

        Neither of the candidates having received a majority of


Page 147

all the votes cast, the Convention proceeded to a fifteenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a sixteenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a seventeenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the eighteenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, Mr. Tindall of the House moved that the Convention take a recess until 3 o'clock, P. M.

        Which motion was lost,

        And the Convention proceeded to a nineteenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, on motion of Mr. Brown of the House, the Convention took a recess until 3 o'clock P. M.

THREE O'CLOCK P. M.

        Recess having expired, the Convention was called to order by the President.

        Mr[.] Brown of the House moved that all votes cast for persons not in nomination shall be counted as Scattering.

        Which was lost.

        The Convention then proceeded to the twentieth ballot, when

        Neither of the gentlemen having received a majority of all the votes cast, the Convention proceeded to the twenty-first ballot, the name of Walker Brooke being withdrawn by Mr[.] Liddell of the House:


Page 150

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a twenty second ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the twenty-third ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the twenty-fourth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the twenty-fifth ballot, when


Page 151

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the twenty-sixth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the twenty-seventh ballot, when

        Neither of the candidates having received a majority of all the votes cast, there was no election.

        On motion of Mr[.] Oliver of the Senate, the Joint Convention of the two Houses was dissolved, and the Senate retired to their Chamber.

        The House was called to order by the Speaker, and

        On motion of Mr. Thompson,

        The House adjourned until to-morrow morning at 10 o'clock.

SATURDAY, November 14, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Sears.

        Journals of Thursday and Friday were read and approved.

        On motion of Mr. Upshaw,

        The rules were suspended, and the Senate bill to be entitled "an act to increase the salary of the Governor of this State," was taken up and read twice under a suspension of the rules, and


Page 152

        On motion of Mr. Johnson, of Wilkinson,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Hicks in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House, and recommended that it do pass.

        The report of the committee of the Whole was received and agreed to.

        Mr. Thompson offered the following amendment:

        Amend Sec. 1--

        Strike out all after the enacting clause, and insert "That the sum of two thousand dollars be annually appropriated out of the Public Treasury for the use of the Governor in addition to his present salary. in lieu of his mansion, so long as he is prevented by the fortunes of war from occupying it."

        Mr. Upshaw moved to lay the amendment on the table, which was decided in the affirmative by yeas and nays called for by Messrs. Thompson, Carroll and Liddell:

        YEAS--Mr. Speaker, Messrs. Archer, Alcorn, Bradford, Barton, Barnett, Clark, Cunningham, Downs, Daniel, Dale, Evans, Eskridge, Fowler, Fox, Falconer, Fort, Hicks, Hooker, Irby, Jackson, Johnson of DeSoto, Johnson of Wilkinson, Kirk, Lott, Lowry, Minter, Montgomery; Maxwell, McGehee, Owen, Powe, Prewitt, Regan, Rucks, Rogers, Ross, Seal of Harrison, Seal of Hancock, Sessions, Taylor, Turley, Upshaw, Watson, Wynne and Yandell--46.

        NAYS--Messrs. Allen, Arnold, Bestor, Boon, Brown, Buntin, Carroll, Deason of Jones, Dillard, Easterling, Foxworth, Gowan, Hathorn, Hendon, Isom, Johnson of Tippah, Liddell, Lewers, Moore, Marable, Murdock, McKay of Green, McKay of Neshoba, McNiel, Pope, Pinson, Robinson, Sutton, Stubbs of Smith, Stephens, Thompson, Wells and Wier--33.

        So the amendment was laid on the table.

        On motion of Mr. Hicks,

        The bill was then read the third time and passed, the title standing as stated.

        Leave of absence was granted Messrs. Tindall, Gulley, High, Gray and Grace.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed bills entitled as follows:

        An act to remove the civil disabilities of Thos. M. Smedes.

        An act for the relief of Samuel M. Meek.

        And have adopted the following joint resolutions, in which the concurrence of the House is desired:


Page 153

        Resolved by the Legislature of the State of Mississippi, That the Congress of the Confederate States be requested to repeal that portion of the conscript act authorizing substitution in the army, and that our Senators be instructed and Representatives requested to urge the repeal of that portion of said act at as early a day as possible; and that the Governor transmit a copy of this resolution to Congress at its next session.

        Resolved, (the House concurring,) That the two Houses will meet in joint convention in the House, at 12 o'clock, M., on Tuesday next, 17th inst., for the purpose of electing a Senator to the Confederate States Congress for six years from and after the expiration of the term of the Hon. James Phelan.

        Resolved, (the House concurring,) That a joint committee of three on the part of the Senate, and----on the part of the House of Representatives be appointed to make suitable arrangements for the inauguration of the Governor elect on Monday next.

        The President of the Senate has appointed Messrs. McRae, Quin and Patton as the committee, on the part of the Senate, provided in said last above resolution.

        On motion of Mr. Seal, of Harrison,

        The Senate messages were taken up, and the joint resolution appointing a committee to make suitable arrangements for the inauguration of the Governor elect, on Monday next, concurred in and the blank filled with five.

        The Speaker appointed as a committee on the part of the House to carry out said resolution, Messrs. Seal of Harrison, Dillard, Rucks, Thompson and Lowry.

        Mr. McGehee offered the following resolution:

        Resolved, That the regular hour of meeting of this House, hereafter, be 9 o'clock, A. M.

        Which was adopted.

        Mr. Johnson, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined bills of the following titles, find the same correctly enrolled and have submitted them to the Governor for his approval and signature:

        An act to remove the civil disabilities of Wm. W. Brooks, a minor.

        An act to amend an act to incorporate the Bank of Jackson and other Banks.

        An act to provide for the relief of destitute families in Yazoo county.

        On motion of Mr. Minter,

        The House adjourned until Monday morning, at 9 o'clock.


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MONDAY, November 16, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Stainback.

        Journal of Saturday read and approved.

        Mr. R. A. Harris, Representative elect from the county of Leake, presented his credentials and was sworn as a member of the House.

        The committee appointed to make arrangements for the inauguration of the Governor elect, made the following report:

        MR. SPEAKER--

        The joint select committee of both Houses of the Legislature, consisting of Messrs. Jas. B. McRae, Quin and W. S. Patton, on the part of the Senate, and Messrs. Roderick Seal, Dillard, Rucks, Thompson and Lowry, on the part of the House, appointed to make suitable arrangements for the inauguration of Charles Clark, Governor elect, in performance of their duty report the following order of arrangements, to-wit:

        The installation shall take place at 11 o'clock, A. M., on Monday, the 16th inst., and the oath of office shall be administered by Hon. James Drane, President of the Senate, in the presence of the two Houses, in the Hall of the House of Representatives.

        1. The Confederate troops, under command of Col. W. S. Barry, will parade at 10 o'clock, in front of and facing the Court House, in the following order:

        The cavalry under command of Col. T. J. Morton.

        Capt. J. C. Thrall's Arkansas Light Battery.

        Capt. T. W. Rice's Battery of Heavy Artillery.

        Col. W. S. Barry's 35th Regiment Mississippi Voluteers, commanded by Maj. T. F. Holmes, preceded by the Band.

        2. The Governor and Governor elect and escort.

        The Committee of Arrangements.

        Rev. C. K. Marshall, the officiating minister, and other clergymen.

        The State officers, Confederate Senators, Members of Congress and other distinguished persons.

        Officers of the Confederate army and of the State troops.

        Citizens at large.

        The procession will be formed ready to move promptly at half-past ten o'clock.

        On the appearance of the Governor and Governor elect, they will be saluted by the troops of infantry, and as soon as the Governors have joined the procession, the troops will be wheeled into column, infantry by platoons, cavalry by fours, and artillery by sections, and put in march on intimation from the marshal.


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        The procession will move along the following streets: Washington, Franklin, Monroe, Francis, Franklin, Main, Market and Military.

        On arriving in front of the House of Representatives, the procession, subject to the orders of the Marshal of the day, shall await the announcement of the Sergeant-at-Arms to the Governor elect that the two Houses are convened and ready to receive him.

        The Governor elect, the Governor, the Committee of Arrangements, the Marshal and his staff, and the State officers, preceded by the Sergeant-at-Arms, shall then proceed to the Hall of Representatives. On arriving at the bar of the Hall the Sergeant-at-Arms shall announce the Governor elect, on which announcement the members of the Senate and House shall rise to their feet, and the President of the Senate and the Speaker of the House shall descend from the stand and conduct the Governor elect to the Clerk's desk, or in the portico, where the oath of office will be administered.

        After the administration of the oath, a salute of nine guns will be fired by the Light Battery.

        Which was received and agreed to.

        The following messages were received from the Governor through his private Secretary, Col. J. H. Rives:

EXECUTIVE OFFICE,
Columbus, Nov. 14th, 1863.

MR. SPEAKER--

        His Excellency, the Governor, has signed and approved the following House bills:

        An act to remove the civil disabilities of Wm. W. Brooks, a minor.

        An act to remove the civil disabilities of Walter McDougal, a minor.

        An act to amend an act to incorporate the Bank of Jackson and other Banks.

        An act to provide for the relief of destitute families of Yazoo county.

        An act to amend an act incorporating the Mississippi Manufacturing Company.

        An act to remove the civil disabilities of William Rice Hooker.

        An act regulating the fees of Jailors in certain cases.

        An act to authorize the Board of Police of the county of Itawamba to make an appropriation out of the county treasury to pay the Tax Assessor for taking the number of children between the ages of six and eighteen years, in order to an equal dividend of that portion of the school fund appropriated to be laid out annually for the use of common schools.



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EXECUTIVE OFFICE,
Columbus, Miss., Nov. 16, 1863.

MR. SPEAKER--

        I am directed by his Excellency, the Governor, to deliver to you the following message in writing, with accompanying documents:

Gentlemen of the Senate and House of Representatives:

        I herewith transmit to you the report of the Trustees and Superintendent of the Mississippi State Lunatic Asylum, which was not received in time to be sent with my former messages.

        In February 1861 a small amount of property belonging to the United States was captured by State troops on Ship Island. I was directed by the military board to have it sold for the benefit of the State. Captain J. McCabe was charged with this duty, and by my order deposited the proceeds amounting to nine hundred and twenty-two dollars and sixty five cents with Block, McAfee & Co., of New Orleans, for the purchase of powder.

        About the 1st of April 1861, I sent to Major General Chas. Clark, at Mobile, through the house of Winston, Morrison & Co., of New Orleans, twenty-five thousand dollars of the military fund, to pay the expenses and give proper outfit to twenty companies of State troops called for by the President, to be sent to Pensacola. As this money was not sent regularly through the Quartermaster-General's office, the vouchers for its disbursement were left on file in my office by Gen. Clark on his return.

        I also paid out of the military fund, the Maynard Arms Company, through their agent and attorney, Geo. W. Bemis, twenty seven thousand and eight dollars and fifty-two cents. The requisition for this sum would have been drawn on appropriation for arms, but there was not in the Treasury at that time money to pay the debt subject to my requisition on that fund. Maynard Arms Company were pressing for payment. I had bought the arms and amunition on a credit, and the payment was guaranteed by the Hons. Jefferson Davis and Jacob Thompson, and I deemed it my duty to pay it out of any money in the treasury appropriated to military purposes.

        The papers, correspendence and vouchers in regard to this purchase of arms are on file in my office.

        The Convention appropriated first, ten thousand, and afterwards, five thousand, in all, fifteen thousand dollars, to pay the expenses of troops then in active service at Pensacola and Vicksburg. That sum has been expended as directed, and the vouchers are on file in my office.

        On the 29th day of April, 1861, I gave to Brig. Gen. R.


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Griffith a requisition for fifteen thousand dollars on the military fund to defray the expenses of two regiments of Mississippi troops called for by the President to be sent to Virginia. There was at that time no Confederate Quartermaster to take charge of the troops and provide for them, and no funds sent by the Confederate authorities. Brig. Gen'l. Griffith was ordered to take charge of them and funds given him for that purpose. His estimate for the amount necessary and receipt for requisition on the Auditor for the am't, are on file in my office, and his vouchers for the expenditure, I am informed, were left with J. D. Stewart, in the Banking House of Griffith & Stewart.

        Of these three sums amounting to something over sixty-seven thousand dollars--two amounting to forty thousand dollars were expended in placing the troops at the points to which the President's requisition called on me to place them, and to give them the necessary outfit. The other twenty-seven thousand was expended for Maynard rifles and ammunition, which were turned over to the Confederate authorities with our State troops when they went into Confederate service, and all constitute a just claim on the Confederate government in favor of the State.

        I herewith transmit a copy of the correspondence of the Confederate Treasury Department, showing the amount of money received by the State of Mississippi on claims audited for money expended by the State for the Confederate service, which as will be seen by the report, amounts to one hundred and twenty-five thousand four hundred and four dollars and seventy-seven cents.

        The accompanying report of 2d Auditor, W. H. S. Taylor, to Mr. Memminger, secrntary of the treasury, will show the amount of claims filed by the State for settlement, and the reasons why more of them have not been audited and allowed. I suggest that some competent agent be appointed to put in proper form all these and such other claims as the books of the several State Departments may show to be due the State, and present them for settlement at the Confederate Treasury.

        I herewith transmit such papers relating to the Geological Survey and the Analyses of salts, as have been received from E. W. Hilgard, State Geologist. An additional report of W. C. Turner, salt agent is herewith sent. [See Appendix.]

        The report of Rev. C. K. Marshall is herewith submitted, giving a statement of his operations as hospital agent of the State. [See Appendix.] The utility and necessity of extending the helping hand of the State to our sick and wounded soldiers, in my opinion stili exists, and I recommend the subject to your favorable consideration.

JOHN J. PETTUS.



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        The message was taken up, and

        On motion of Mr. Irby,

        Two hundred copies of the message and accompanying documents were ordered to be printed for the use of this House.

        On motion of Mr. Upshaw,

        The Senate messages were taken up, and the resolution fixing Tuesday, the 17th inst., at 12 o'clock, M., for the election of Confederate States Senator, was concurred in.

        On motion of Mr. Lott,

        The Senate amendment to House bill to be entitled "an act to remove the civil disabilities of Augustus H. Ware," striking out "Augustus" and inserting "Adolphus" in the bill and title, was concurred in by the House.

        On motion of Mr. Barton,

        The House took a recess until half-past 10 o'clock, A. M.

        Recess having expired, the Clerk was instructed to inform the Senate that the Hall of the House of Representatives was in readiness for their reception to the end that the two Houses proceed to the inauguration of the Governor elect.

        The Senate having been informed, entered and took the seats assigned them.

        On motion of Mr. McRae, of the Senate, the two Houses proceeded to the portico of the House to attend the inauguration.

        The Sergeant-at-Arms then announced the Governor elect, who being conducted to the Clerk's desk by the President of the Senate and Speaker of the House of Representatives, accompanied by Rev. C. K. Marshall, then delivered the following

INAUGURAL ADDRESS.

        FELLOW CITIZENS--It is with no feigned embarrassment that I approach the discharge of the responsible duties to which your too kind partiality has assigned me. In the distressed condition of the State and its people, I may well distrust my ability to meet your expectations in the management of our military and civil affairs. Nothing could have induced me to undertake the task but the fullest confidence that my acts will meet with indulgent criticism, and that I shall be sustained by you in all proper measures and efforts in your service.

        The condition of the State is such as to require the application, for a time, of all our power and resources. We are invaded North, South and West by a vindictive foe, who is desolating our borders, burning our dwellings, insulting our people and inciting our slaves to insurrection. Regiments of the latter have already been embodied and armed to fight against their masters. The evil thus far has been felt only on


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our borders; but when we contemplate the contingencies of the future, especially the withdrawal from our State of a large portion of the Confederate forces, we shall discover that it is full time for vigorous preparation. Great as has been the draft upon our energies, Mississippi has yet ample resources, both in men and means. The militia being properly organized as a supporting force, a few thousand mounted volunteers will be sufficient to protect the State from the raiding incursions of the enemy, while against the invasion of large armies we shall be supported by the arms of the Confederacy. I doubt not that your Legislature, at its present session, will make provision to meet all possible requirements.

        We have not lightly entered upon the path we are pursuing; and, conscious of the rectitude of our intentions and the justice of our cause, we have neither motive or desire to retrace our steps. There may be those who delude themselves with visions of a reconstructed Union and a restored Constitution. If such there be, let them awake from their dreaming! Between the South and the North there is a great gulf fixed. It is a gulf crimsoned with the blood of our sons and brothers, filled with the bitter hatred of our enemies and the memories of our wrongs. It can be passed only with dishonor, and in reconstruction we shall reach the climax of infamy! Humbly submit yonrselves to our hated foes, and they will offer you a reconstructed Constitution providing for the confiscation of your property, the immediate emancipation of your slaves and the elevation of the black race to a position of equality, aye, of superiority, that will make them your masters and rulers. Rather than such base submission, such ruin and dishonor, let the last of our young men die upon the field of battle, and when none are left to wield a blade or uphold our banner, then let our old men, our women and our children, like the remnant of the heroic Pascagoulas, when their braves were slain, join hands together, march into the sea and perish beneath its waters.

        Whenever it may be necessary to call out the forces of the State, I shall endeavor to make them efficient for the defense of the people. The day of militia play-time has passed.--Such troops as I may be entrusted to command, must expect to yield to the stern necessities which are forced upon us, and do the duty of soldiers. They must repel raids, not make them. Strict inquiry shall be made as to the justice or injustice of the complaints of some portion of our people as to the alleged disorders of the soldiers, both State and Confederate. It will not be permitted them to insult, plunder or oppress those whom they are called to protect, and on the other hand, the honor of the troops requires that they should be vindicated against unjust charges and imputations. To effect this


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it is necessary that strict discipline should be enforced by the officers, and they themselves held to a rigid accountability. Without this they degenerate into an injurious mob, useless to the State, and a disgrace to the service. Without this the disorderly and vicious cannot be discovered and punished, while their infamy is left to stain the names and the memories of their companions. Having commanded Mississippians in two wars, I think I know the character of the gallant men who march in their battalions. I have commanded thousands of them and have never been compelled to inflict a disgraceful punishment upon a single one. I trust and believe that there are but few who deserve the reproaches which have been cast upon the State troops, and that, upon investigation, it will be found that the complaints against them are groundless.

        There are within our borders no inconsiderable number of men who are now absent from the ranks of your defenders without justification or excuse. To compel them to go to the field of duty, I invoke the voice of an outraged public opinion; I invoke a gentler, higher power, the voice and influence of woman. He is unworthy of her smiles who is not ready to fight and to die in her defense.

        Although military matters may require much of my time, no other interest of the State shall be neglected. My earnest attention will be directed to the fostering of such manufactories, and the procurement of such supplies of the necessaries of life as may be authorized by law.

        Our salt works may not be sufficient for the wants of the people, but they may be made to furnish a larger quantity, and aid to further reduce prices. No effort will be spared to procure cotton and woolen cards, and such other articles as may be required for domestic industry, if the Legislature will make proper appropriations for that purpose. One of the most gratifying indications of the times is the resolute spirit of industry manifested by our women. The spinning wheel is preferred to the harp, and the loom makes a music of loftier patriotism and inspiration than the keys of the piano.

        Among the duties I shall be called upon to perform, is one which will give me peculiar pleasure--that of superintending the distribution of the funds to be provided for the maintenance of the families of our soldiers. This should not be deemed the granting of a charity, but the payment of a debt, the discharge of a high obligation, and for which I doubt not your Legislature will make ample provision. The wives and children of thousands of our gallant men are left to our care. Let them be adopted as the children of the State. Many of them are now widows and orphans bequeathed to us by those who have shed their blood in our defense. Let the sacred legacy be accepted, and the God of the widow and the fatherless will bless your cause.


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        Fellow Citizens--For the distinguished honor you have conferred upon me, I offer you my grateful thanks; grateful, because I do not deem myself more worthy than many others. I have imperilled my life in your cause, but this I have done with thousands of my countrymen. I have been less fortunate than those who are yet permitted to bear aloft your banners and carry them onward to victory; and if their efforts should fail, and we should be doomed to subjugation, I shall be less fortunate than those who now sleep in honorable but undistinguished graves on the battle-fields of their conntry. But if we are true to our high purpose we cannot fail. Every effort of the enemy must be resisted with renewed energy, and final victory will crown our banners. Let us exert all the powers that God has given us, and humbly, yet confidently, trust to His just Providence for the result. We are but defending the rights and liberties He has given, and if we faithfully employ the strength and means He has bestowed, He will, in his own good time, secure them to us. But this will not be until we have, through all the trials He may impose, shown ourselves worthy. The prayers of our noble and heroic women may avail much, but deeds are also required of men. The Almighty holds the scales of battle with an even hand, and prayer and supplication alone will not avail. The balance will not preponderate in your favor until you cast in your swords.

CHARLES CLARK.


        Hon. James Drane then administered to General Charles Clark, Governor elect, the oath of office.

        The ceremonies of the inauguration having been gone through with, the President of the Senate announced that the two Houses had accomplished the object for which they had convened.

        The Senate retired, and the House of Representatives withdrew to their chamber.

        The House was called to order by the Speaker, when,

        On motion of Mr. Stephens,

        The House adjourned until to-morrow morning at 10 o'clock.

TUESDAY, November 17, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        The journal of yesterday was read and approved.


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        On motion of Mr. Regan,

        The vote by which on yesterday the House ordered 200 copies of the Governor's message received on yesterday and accompanying documents to be printed, was reconsidered, and that portion of the message and accompanying documents relating to the Lunatic Asylum be referred to the committee on that Institution.

        Mr. Yandell moved a reconsideration of the vote by which on yesterday the House concurred in the Senate joint resolution to go into the election of Confederate States Senator today at 12 o'clock,

        Which motion was lost.

        On motion, the House proceeded to the call of the counties for the presentation of petitions, memorials, &c.

        Mr. Regan introduced a bill to be entitled

        An act for the relief of tax payers in certain cases, and for other purposes,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Bestor presented the petition of J. S. Terrell, Sr., and W. A. Trotter, Executors of J. S. Terrell, Jr., dec'd, of Clark county,

        Which was read and referred to the Judiciary committee.

        Mr. Seal, of Hancock, introduced a bill to be entitled

        An act to repeal an act entitled an act to reduce the taxes of Hancock county, and for other purposes, approved Dec. 16, 1861,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Seal, of Harrison, by leave, introduced a bill entitled

        An act to repeal an act entitled an act to prohibit the distillation of spirits from grain, molasses and sugar, approved January 3d, 1863, and for other purposes,

        Which was read twice under a suspension of the rules, and referred to the committee on the Judiciary.

        Mr. Shelley introduced a bill to be entitled

        An act to reimburse Itawamba county,

        Which was read twice under a suspension of the rules, and

        On motion of Mr. Seal, of Harrison,

        Referred to the Judiciary committee, with instructions to bring in a general bill on the subject.

        Mr. Barton introduced a bill to be entitled

        An act to change the name of Mildred Harris, of Itawamba county,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Robinson presented the petition of E. C. Mosby, of Kemper county, which was referred to the committee on the Judiciary, without reading.


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        Also, a memorial of sundry citizens of Kemper county, which was referred to the committee of Ways and Means.

        Mr. Isom presented the petition of W. S. McKee, Tax Collector of Lafayette county, and a memorial of the Police Court of said county, which was referred to the committee on Propositions and Grievances.

        Mr. Murdock introduced a bill to be entitled

        An act to amend an act entitled an act to amend the charter of the Columbus Life and General Insurance Company, and the Mississippi Mutual Insurance Company, approved January 25th, 1862,

        Which was read twice under suspension of the rules, and referred to the Judiciary committee.

        Mr. Murdock introduced a bill to be entitled

        An act to authorize the Sheriff of Lowndes county to receive Confederate notes in payment for runaway slaves sold under the provisions of law,

        Which was read twice, under a suspension of the rules, and referred to the committee of Ways and Means, with instructions to report a general bill on the subject.

        Mr. Upshaw offered a joint resolution granting leave of absence to Hon. T. M. Yancey, Probate Judge of Marshall county,

        Which was adopted under a suspension of the rules.

        Mr. Falconer offered the following resolution, which was adopted:

        Resolved, That the Rev. C. K. Marshall be invited to address the members of the Legislature and the citizens, in this Hall to-night at 7 o'clock, and that the Clerk of the House notify him of the passage of this resolution.

        Mr. Carroll offered the following resolution, which was adopted:

        Resolved, That the use of this House be tendered to Hon. Wm. S. Barry, and that he be requested to address the Legislature on the present condition and future prospects of the country, and that the Clerk be requested to furnish Col. Barry with a copy of this resolution.

        Mr. Irby introduced a bill to be entitled

        An act for the relief of William C. Nickle, Tax Assessor of Panola county,

        Which was read three several times and passed, the title standing as stated.

        Mr. McNiel introduced a bill to be entitled

        An act for the relief of the destitute families of soldiers of Pontotoc county,

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Dillard offered the following resolution:


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        Resolved, That our Senators in the Congress of the Confederate States be instructed and our Representatives requested to use all honorable means to secure the passage of a law providing for the payment of horses lost in the military service of the Confederate States by unavoidable accident or captured by the enemy.

        Which was adopted.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed a bill entitled an act to compel Anderson Bean, ex-Sheriff, to pay over certain money to the Treasurer of Chickasaw county, and for other purposes.

        The Senate has adopted the following joint resolutions, in which the concurrence of the House is desired:

        Resolved, (the House concurring,) That the Governor be respectfully requested to inform the Legislature, at his earliest convenience, whether the 4th section of an act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of this State, approved Jan. 3d, 1863, has been enforced as contemplated and required by law, and if not, to state the reasons if within his knowledge, of the failure to do so.

        Resolved, (the House concurring,) That a committee of three on the part of the Senate, and----on the part of the House, be appointed to examine the Executive Mansion fund, the appropriation made by the convention for the Pensacola expedition and the appropriation by the Legislature for the purpose of buying arms, &c., and report what amount of said appropriations have been expended and in what manner.

        Messrs. Hamilton, Mayson and Patton have been appointed as the committee on the part of the Senate provided for in said resolution.

        Resolved, (the House concurring,) That our Senators be instructed and our Representatives in the Confederate States Congress be requested to pass an act making Confederate notes a legal tender.

        WHEREAS, information has been received that the patients in the State Lunatic Asylum are very much in need of clothing and almost entirely without shoes; also that the efficient Superintendent is very much embarrassed over the means of supplying them, therefore

        Resolved, (the House concurring,) That the committee on the Lunatic Asylum is hereby respectfully instructed to make immediate inquiry into the wants and necessities of the Institution and report at an early day by bill or otherwise.

        Also, have adopted joint resolution entitled "a resolution for the relief of certain counties."

        The Senate have concurred in the House resolution entitled


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"joint resolution for the purpose of compiling the Constitution of the State of Mississippi and the Confederate States," and have appointed Messrs. Hamilton, Mayson and Davis as the committee on the part of the Senate as provided for in said resolution.

        And have also concurred in joint resolution of the House:

        Joint resolution instructing Senators and requesting Representatives for certain purposes therein named, with an amendment thereto in which the concurrence of the House is desired.

        Mr. Sutton introduced a bill to be entitled

        An act to remove the civil disabilities of Sydney Moore Jackson, a minor of Rankin county.

        Which was read three several times and passed, the title standing as stated.

        Mr. Sutton introduced a bill to be entitled

        An act to amend chapter 8, of the Revised Code, establishing the fees of certain officers, so far as it relates to the Clerk of the Probate Court of Rankin county,

        Which was read twice under a suspension of the rules.

        Mr. Johnson, of Wilkinson, moved the reference of the bill to the committee of Ways and Means,

        Was laid on the table.

        On motion of Mr. Sutton,

        The constitutional rule was suspended, the bill read third time, and passed with title as stated.

        Mr. McGehee offered the following joint resolution, which was read once:

        Resolved, (the Senate concurring,) That this Legislature adjourn sine die on Saturday, the 21st day of November, 1863.

        Mr. Hendon introduced a bill to be entitled

        An act to change the time of holding the Probate Court of Scott county,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Lowry introduced a bill to be entitled

        An act to repair the Mobile and Ohio Railroad, and for other purposes,

        Which was read twice under a suspension of the rules, and

        On motion of Mr. Turley,

        Referred to the committee on Internal Improvements.

        Mr. Johnson, of Wilkinson, offered a resolution asking an appropriation to G. C. Dennis, a soldier of Co. F, 14th Reg't Miss. Vols., captured at Donelson, which, with the accompanying documents was referred to the committee on Propositions and Grievances.

        Mr. Brown introduced a bill to be entitled


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        An act to authorize the Board of Police of Winston county to borrow money from the school fund of said county for the use of the destitute families of soldiers in that county,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Also, a bill to be entitled

        An act for the relief of John W. Cox, of Winston county, and to remove the civil disabilities of said minor,

        Which was read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Buntin, by leave, introduced a bill to be entitled

        An act to amend the assessment laws of this State,

        Which was read twice under a suspension of the rules, and referred to the committee of Ways and Means.

        Mr. Yandell, by leave, introduced a bill to be entitled

        An act granting amnesty to persons accused of crime on certain conditions, which

        On his motion,

        Was read twice under a suspension of the rules, and

        On motion of Mr. Fox,

        Referred to the Judiciary committee.

        Mr. Barnett, by leave, introduced a bill to be entitled

        An act to amend the attachment laws of this State, which,

        On his motion,

        Was read twice under a suspension of the rules, and

        On his further motion,

        Was referred to the Judiciary committee.

        Mr. Barnett offered the following resolution, which was adopted:

        Resolved, That the use of this House be tendered to the Hon. J. L. Alcorn, on Thursday night next, and that he be requested to address this House and the public on the state of the country, and that the Clerk be requested to inform him of the same.

        On motion of Mr. Seal, of Harrison,

        The House took a recess of five minutes to prepare the Hall for the reception of the Senate, to the end that the two Houses in joint convention proceed to the election of Confederate States Senator.

        The recess having expired, the House was called to order by the Speaker.

        The Clerk was instructed to inform the Senate that the Hall of the House was in readiness for their reception to the end that the two Houses in joint convention proceed to the election of Confederate States Senator.

        The Senate was announced by the Sergeant-at-Arms and took the seats assigned them.

        The President explained the object of the joint convention.


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        Mr. Moore, of the Senate, moved that the convention proceed to the election of Confederate States Senator by ballot, and that tellers be appointed,

        Which was adopted.

        The President appointed as tellers Messrs. Moore of the Senate, and Dale of the House.

        Nominations being in order,

        Mr. Luckett, of the Senate, nominated Fulton Anderson, of Hinds.

        Mr. Moore, of the Senate, nominated J. W. C. Watson, of Marshall.

        Mr. Oliver, of the Senate, nominated James Phelan, of Monroe.

        Mr. Montgomery, of the House, nominated C. D. Fontaine, of Pontotoc.

        Mr. Wilson, of the Senate, nominated S. J. Gholson, of Monroe.

        Mr. Stephens, of the House, nominated W. S. Featherston, of Marshall.

        There being no other nominations, the convention proceeded to balloting.

        On the first ballot

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a second ballot, when


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        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to a third ballot.

        Mr. Liddell placed in nomination Hon. Walker Brooke, of Warren county.

        Neither of the candidates having received a majority of all the votes cast,

        Mr. Brown, of the House, moved that the Convention take a recess till 3 o'clock,

        Which motion was lost.

        The Convention then proceeded to the fourth ballot, when

        Neither of the candidates having received a majority of all the votes cast,

        On motion of Mr. Moore, of the Senate,

        The Convention took a recess until 3 o'clock P. M.

THREE O'CLOCK P. M.

        Recess having expired, the Convention was called to order by the President.

        The Convention then proceeded to the fifth ballot, when

        No election.

        Mr. Oliver, of the Senate, presented the following communication from the Hon James Phelan, withdrawing his name from before the Convention.

HON SIMEON OLIVER:

        My Esteemed Friend--I authorize you to withdraw my name from before the Convention. In doing so I have not consulted with a single friend; but I cannot consent longer to embarrass the action of the Legislature from merely personal considerations. Elected to the Confederate Senate for two years, for that time I have labored to discharge the responsible duties of that position, and now retire from it, I trust, without having tarnished with a stain the name of Mississippi. But enough of this. Withdraw my name, and for your past kindness accept an assurance of my grateful remembrance.

Your friend,

JAMES PHELAN.


        The Convention then proceeded to a sixth ballot, when

        No election.

        Mr. Montgomery, of the House, withdrew the name of Mr. Fontaine.

        The Convention proceeded to the seventh ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the eighth ballot, when Mr[.] Liddell, of the House, withdrew the name of Hon. Walker Brooke.

        Mr[.] Alcorn then rose to a point of order, that in balloting each member should deliver his ballot to the tellers, and not by proxy. It was sustained.

        The Convention then proceeded to the ninth ballot, when

        Mr. Stephens, of the House, withdrew the name of Gen. W. S Featherston.

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the tenth ballot, when

        Neither of the candidates having received a majority of all the votes cast, the Convention proceeded to the eleventh ballot, when


Page 171

        Mr. Watson having received a constitutional majority of all the votes cast, was declared by the President of the Convention to be duly and constitutionally elected Confederate States Senator for the term of six years from the expiration of the term of service of the Hon. James Phelan.

        The object of the joint convention having been accomplished, the Senate retired to their chamber.

        On motion of Mr. Brown,

        The House adjourned until to-morrow morning at 10 o'clock.

WEDNESDAY, Nov. 18, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Larrabee.

        Journal of yesterday read and approved.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed a bill entitled "an act to authorize the repair of the Mobile and Ohio Railroad between Okolona and Tupelo, in this State, and for other purposes."

        Have also passed a House bill entitled "an act to amend the school laws of the county of Itawamba."

        And concurred in the House joint resolution entitled "joint resolution instructing our Senators and requesting our Representatives therein named."

        On motion the call of the counties was dispensed with.

        Mr. Hicks, by leave, introduced a bill to be entitled

        An act to provide for the redemption of lands sold to the State for taxes at the office of Auditor of Public Accounts.

        Which was read three several times and passed, under a suspension of the rules, the title standing as stated.

        Mr. Stubbs, by leave, introduced a bill to be entitled

        An act for the relief of J. D. W. Duckworth, Tax collector of Smith county,

        Which was read twice under a suspension of the rules, and referred to the committee on Propositions and Grievances.

        Mr. Minter, by leave, introduced a bill to be entitled

        An act to remove the civil and legal disabilities of Samuel B. Jones, of Sunflower county,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Houston, by leave, introduced a bill to be entitled


Page 172

        An act to extend the provisions of an act entitled an act to suspend for a limited time certain portions of the Statute of Limitations,

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Houston presented the petition of James F. White and others, of Monroe county, accompanied by a bill for their relief entitled "an act for the relief of the devisees and legatees of John T. Fortson,

        Which was read twice under a suspension of the rules.

        Mr. Houston offered the following resolution:

        Resolved, That the Judiciary committee be and they are hereby instructed to bring in a bill so changing the Constitution of the State of Mississippi as to allow soldiers in service, whether within or without the limits of the State, to vote for Governor, members of the Legislature, and all other State and county officers, as if they were at the time in the county of their own residence,

        Which was adopted.

        Mr. Allen introduced a bill to be entitled

        An act to allow the Sheriffs and Tax Collectors additional time to collect the taxes for the year 1862, in certain cases,

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Eskridge, by leave, introduced a bill to be entitled

        An act to encourage the manufacture of cotton and wool cards in this State,

        Which was read twice under a suspension of the rules, and referred to the committee of Ways and Means.

        Mr. Upshaw, by leave, introduced a joint resolution in relation to the illegal impressment of slaves, &c.,

        Which was read twice under a suspension of the rules, and adopted.

        On motion of Mr. Seal, of Harrison,

        The regular order of business was suspended, and Senate messages taken up, and the Senate joint resolution adding a committee on Agriculture and Mechanics, to the joint standing committees of the Legislature, was concurred in.

        The Senate bill to be entitled

        An act to incorporate the Alabama and Mississippi Rivers Railroad Company, was read once.

        The Senate bill to be entitled

        An act to extend the time of assessing the taxes in counties therein named, was read twice under a suspension of the rules.

        Mr. Rogers offered the following amendment:

        "Strike out the county of Tippah."

        On motion of Mr. Regan,


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        The bill and amendment were referred to the committee of Ways and Means.

        Senate bill to be entitled

        An act for the relief of G. S. McMillan, District Attorney for the 2d Judicial District of the State of Mississippi,

        Was read three several times under suspension of the rules, and passed, the title standing as stated.

        Senate bill to be entitled an act for the speedy recovery of personal property, wrongfully taken or detained.

        Which was read twice under a suspension of the rules.

        Mr. Johnson, of DeSoto, offered the following amendment.

        SEC.--. Be it further enacted, That 2000 copies of this bill be printed in pamphlet form, and that the Secretary of State be required to distribute the same as equally as may be to the different counties of this State, which,

        On motion of Mr. Seal of Harrison,

        Was laid on the table.

        Mr. Regan offered the following amendment:

        Strike out "three months" wherever it occurs, and insert "twelve months,"

        Which was adopted.

        On motion,

        The rules were suspended, the bill read the third time and passed, the title standing as stated.

        The Senate joint resolution for defraying certain expenses, was concurred in by the House.

        Also, Senate joint resolution appointing a joint select committee to revise and compile the Constitution of the State of Mississippi, &c., was taken up.

        On motion of Mr. Lewers,

        The blank was filled with five, and the resolution concurred in by the House.

        Same committee appointed as on a similar resolution passed by the House and concurred in by the Senate.

        Senate bill to be entitled

        An act to provide for the examination of the offices of the Auditor of Public Accounts and State Treasurer,

        Which was read once.

        Senate bill to be entitled

        An act to extend the powers of the Police Courts of Chickasaw, Noxubee, Winston, Choctaw, Carroll and Sunflower counties,

        Which was read twice under a suspension of the rules, and referred to the committee on Indigent Families.

        Senate bill to be entitled

        An act to remove the civil disabilities of Josiah H. Askew,

        Which was read three several times times under a suspension of the rules, and passed, the title standing as stated.


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        Senate bill to be entitled

        An act to extend the law in reference to overseers of roads,

        Was read twice under a suspension of the rules.

        Mr. Minter moved to amend by inserting the county of "Sunflower,"

        Which was adopted.

        On motion of Mr. Upshaw,

        The bill was referred to the committee on Internal Improvements, with instructions to bring in a general bill on the same subject.

        The Speaker asked and obtained leave of absence for a few days.

        Leave of absence was granted Mr. Buntin.

        On motion of Mr. Yandell,

        Hon. J. L. Alcorn was chosen by acclamation Speaker pro tem.

        On motion of Mr. Upshaw,

        The House adjourned until to-morrow morning at 9½ o'clock.

THURSDAY, Nov. 19, 1863.

        The House met pursuant to adjournment.

        Journal of yesterday was read and approved.

        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined a bill entitled "an act to remove the civil disabilities of Adolphus H. Ware," find the same correctly enrolled and have submitted it to the Governor for his approval and signature.

        Leave of absence was granted Mr. Johnson, of DeSoto, Mr. McGehee, of Pike, and Mr. Eskridge, of Tallahatchie.

        On motion of Mr. Upshaw,

        The House proceeded to the consideration of Senate messages.

        Senate bill to be entitled

        An act to authorize the payment of interest upon common school funds, and for other purposes, was read once.

        Senate bill to be entitled

        An act for the relief of Samuel M. Meek,

        Was read twice under a suspension of the rules.

        On motion of Mr. Rucks,

        The bill was then read the third time and passed, the title standing as stated.


Page 175

        Senate joint resolution instructing our Senators and requesting our Representatives in Congress to urge the repeal of that portion of the conscript act authorizing substitution in the army, was concurred in.

        Senate bill to be entitled

        An act to remove the civil disabilities of Thomas M. Smedes,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Senate amendment to House joint resolution inserting after the words "officers" the words "and also pay off the amounts due to the families or legal heirs of deceased soldiers," requesting the passage of an act for the appointment of an agent or agents to settle unsettled accounts and certificates and receipts given persons for provisions, &c., was concurred in by the House.

        Mr. Thompson asked and obtained leave to introduce the following resolution, which was adopted:

        Resolved, That Gen. S. D. Lee, Gen. N. B. Forrest and Gen. S. W. Ferguson be invited to take seats within the bar of this House during their stay in Columbus, and that a committee of three be appointed to inform them of the passage of this resolution.

        The Speaker appointed as committee on above resolution, Messrs. Thompson, Johnson of Wilkinson, and Ross.

        Senate bill to be entitled

        An act to compel Anderson Bean, ex-Sheriff, to pay over certain money to the Treasurer of Chickasaw county, and for other purposes,

        Was read twice under a suspension of the rules and referred to the Judiciary committee.

        Senate joint resolution instructing our Senators and requesting our Representatives in Congress to pass an act making Confederate notes a legal tender, was read once.

        Mr. Powe offered the following amendment by way of substitute:

        Strike out all after the word "resolved" and insert "by the Legislature of the State of Mississippi, That the Confederate States Senators from the State of Mississippi be instructed, and the Representatives in Congress from the different Districts of this State be requested, to use their best endeavors to procure the passage of a law authorizing the issuance of bonds, bearing 6 per cent., for the redemption of the Confederate Treasury notes now in circulation and which may be issued up to the first of January, A. D. 1864, and to procure all things necessary to be done to make the Confederate Treasury notes issued after the first day of January, A. D. 1864, a legal tender in all contracts whatsoever throughout the Confederate States."


Page 176

        Mr. Rogers moved that the substitute be laid on the table.

        Mr. Seal, of Harrison, moved that the substitute and original resolution be laid on the table.

        Mr. Bradford called for a division of the question.

        The vote was first taken on laying the resolution on the table and decided in the negative by yeas and nays called for by Messrs. Powe, Stephens and Tindall:

        YEAS--Mr. Speaker, Messrs. Archer, Arnold, Brown, Barnett, Easterling, Fowler, Grace, Gowan, Hicks, Hooker, Liddell, Lewers, Murdock, McKay of Green, McNiel, Owen, Pope, Powe, Pinson, Regan, Rucks, Seal of Harrison, Sessions, Stephens, Tindall, Turley and Yandell--28.

        NAYS--Messrs. Allen, Bradford, Bestor, Boon, Barton, Clark, Cunningham, Carroll, Downs, Deason of Jones, Daniel, Dillard, Dale, Evans, Fox, Foxworth, Falconer, Gully, Harris, Hathorn, Hendon, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Kirk, Lott, Lowry, Minter, Moore, Marable, Morehead, Montgomery, Maxwell, McKay of Neshoba, McLaurin, McGehee, Prewitt, Rogers, Ross, Robinson, Seal of Hancock, Shelley, Sutton, Stubbs of Smith, Taylor, Thompson, Upshaw, Wells, Wier and Wynne--53.

        The House refused to lay the resolution on the table.

        The question was then taken on laying the substitute on the table and decided in the affirmative by yeas and nays called for by Messrs. Powe, Stephens and Tindall, as follows, to-wit:

        YEAS--Messrs. Allen, Bradford, Bestor, Barton, Barnett, Clark, Cunningham, Downs, Deason of Jones, Daniel, Dale, Evans, Fowler, Fox, Falconer, Gully, Hicks, Harris, Hathorn, Hendon, Isom, Kirk, Lott, Moore, Marable, McKay of Neshoba, McLaurin, McGehee, Owen, Pinson, Prewitt, Rogers, Ross, Robinson, Seal of Harrison, Seal of Hancock, Sessions, Shelley, Sutton, Stubbs of Smith, Taylor, Thompson, Turley, Upshaw, Wells, Wier and Wynne--47.

        NAYS--Mr. Speaker, Messrs. Archer, Arnold, Boon, Brown, Carroll, Deason of Copiah, Dillard, Easterling, Fox-worth, Grace, Gowan, Hooker, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Liddell, Lowry, Lewers, Morehead, Montgomery, Maxwell, Murdock, McKay of Green, McNiel, Pope, Powe, Regan, Rucks, Stephens, Tindall and Yandell--33.

        The substitute was laid on the table.

        Mr. Rogers moved that the resolution be made the special order for Tuesday next,

        Which was lost.

        The following message was received from the Senate:


Page 177

        MR. SPEAKER--

        The Senate has passed the following entitled bills:

        An act to change the name of Nancy Delaware Wyatt to that of Nancy Delaware Gibbs, and to enable Joseph Gibbs and wife to adopt her as their child.

        A bill entitled "an act to enable the High Court of Errors and Appeals of this State to prevent injustice to suitors and to correct some of the evils arising from the present use."

        A bill to be entitled an act for the relief of citizens of DeSoto county, whose lands have been illegally sold for taxes of 1862.

        And concurred in the joint resolution of the House entitled joint resolution in relation to the illegal impressment of slaves.

        Pending the motion to concur in the Senate resolution,

        On motion of Mr. Hicks,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The House resumed the consideration of the question pending on adjournment, to-wit: The Senate resolution instructing our Senators and requesting our Representatives in Congress to pass an act making Confederate notes a legal tender, and the motion that the House concur therein.

        Mr. Thompson offered the following amendment by way of substitute:

        Amend by striking out all after the word "requested" and insert "to urge before Congress the passage of a law that will retire from circulation the present outstanding Treasury notes, and provide for the issuance of Treasury notes, or other evidences of debt, which shall be declared a legal tender in the payment of debts,

        Which was adopted by yeas and nays called for by Messrs. Bradford, Stubbs of Smith and Minter:

        YEAS--Mr. Speaker, Messrs. Archer, Allen, Arnold, Boon, Brown, Barnett, Cunningham, Carroll, Deason of Copiah, Deason of Jones, Daniel, Dillard, Evans, Fowler, Foxworth, Grace, Gowan, Hicks, Hooker, Hathorn, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lott, Lowry, Lewers, Minter, Montgomery, Maxwell, Murdock, McKay of Green, McLaurin, McNeil, Pope, Powe, Pinson, Regan, Robinson, Sessions, Sutton, Stephens, Taylor, Thompson, Tindall, Turley, Wells, Wier, Watson, Yandell--54.

        NAYS--Messrs. Bradford, Clark, Downs, Dale, Fox, Falconer, Gully, Harris, Hendon, Moore, Marable, McKay of Neshoba, Prewitt, Rogers, Ross, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, Upshaw and Wynne--22.


Page 178

        The substitute was adopted.

        Mr. Falconer offered the following amendment:

        Resolved by the Legislature of the State of Mississippi, That it is the sense of this Legislature that the Congress of the Confederate States should adopt some measure making Confederate Treasury notes a legal tender in payment of all debts contracted after such measure becomes a law, and a legal tender in payment of debts before contracted in so far as to bar interest on all debts in which interest is not a part of the written contract after tender of payment shall have been made in said Treasury notes.

        Which was lost.

        The question then recurred on the adoption of the Senate resolution as amended, and was decided in the affirmative by yeas and nays called for by Messrs. Dale, Minter and Bradford:

        YEAS--Mr. Speaker, Messrs. Archer, Allen, Arnold, Bestor, Boon, Brown, Barnett, Cunningham, Carroll, Deason of Copiah, Downs, Deason of Jones, Daniel, Dillard, Evans, Foxworth, Falconer, Grace, Gowan, Hooker, Hathorn, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lowry, Lewers, Minter, Moore, Maxwell, Murdock, McKay of Green, McLaurin, Pope, Powe, Prewitt, Regan, Rucks, Ross, Robinson, Sessions, Shelley, Sutton, Stephens, Taylor, Thompson, Tindall, Upshaw, Wells, Wier and Yandell--55.

        NAYS--Messrs. Bradford, Clark, Dale, Fowler, Fox, Gully, Harris, Hendon, Lott, Marable, Montgomery, McKay of Neshoba, McGehee, McNiel, Pinson, Rogers, Seal of Harrison, Seal of Hancock, Stubbs of Smith, Turley, Watson and Wynne--23.

        The resolution was concurred in.

        The following message was received from the Governor:

        EXECUTIVE OFFICE,
Columbus, Nov. 19th, 1863.

        MR. SPEAKER--

        His Excellency, the Governor, has signed and approved the following House bill:

        An act to remove the civil disabilities of Adolphus H. Ware, a minor.

        Mr. Murdock, by leave introduced a bill to be entitled

        An act to authorize the collection of money loaned to railroad companies from the Chickasaw school fund,

        Which was referred without reading.

        Leave of absence was granted Messrs. Barton and Minter.

        On motion of Mr. Jackson,

        Mr. Dale was added to the committee on Military Affairs.


Page 179

        Senate bill to be entitled

        An act to authorize the repair of the Mobile and Ohio Railroad between Okolona and Tupelo, and for other purposes,

        Was read twice under a suspension of the rules, and

        On motion of Mr. Thompson,

        Referred to the committee of the Whole and made the special order for 12 o'clock to-morrow.

        On motion of Mr. Brown,

        The House adjourned until 9 o'clock to-morrow morning.

FRIDAY, November 20, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Mr. Coleman.

        Journal of yesterday read and approved.

        Leave of absence was granted Messrs. Easterling and Robinson.

        Mr. Wm. C. Staples, Representative elect from the county of Choctaw, presented his credentials and was sworn in as a member of the House.

        Mr. Watson, from the select committee on Indigent Families, made the following report:

        MR. SPEAKER--

        The select committee charged with the duty of reporting a bill for the indigent families of soldiers, have performed the duty assigned them, and herewith report a bill to be entitled "an act better to provide for the families of our soldiers," and recommend its adoption.

        The bill was read twice under a suspension of the rules.

        On motion of Mr. Hicks,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Regan in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House, with a recommendation that it be laid on the table, 200 copies printed, and made the special order for Tuesday next at 11 o'clock.

        Mr. Moore introduced a bill to be entitled

        An act for the relief of Mississippi State Troops,

        Which was read twice under a suspension of the rules, and referred to the committee on Military Affairs.

        Mr. Falconer made the following report from a select committee.


Page 180

        MR. SPEAKER--

        The special committee to whom was referred the report of Cooper & Kimball, Public Printers, have had the same under consideration and find it correct in every respect. They find that the Laws and Journals of the called session of the Legislature, held in December and January last, were printed as stated in their report, and only required stitching to be ready for delivery;--that the Federals came to Jackson and destroyed all. Your committee are of the opinion that Cooper & Kimball should not be allowed the old price for printing these Laws and Journals, which will not, in consequence of the enhanced price of labor, paper and other material, reimburse them by more than one-half. They therefore recommend the passage of the accompanying bill. They beg leave further to recommend the passage of the accompanying bill establishing the price of printing. In consequence of the depreciation of the currency, the scarcity of material and the difficulty of procuring it, and the enhanced price of labor, it is impossible for the Printers to do the work at the prices now established by law without a very heavy sacrifice. The prices therein stated, we are satisfied, are reasonable. We recommend that the bills be printed on newspaper, as the work can be done for about one-half what it would cost if printed on foolscap.

        The bill entitled "an act for the relief of Cooper & Kimball, State Printers,"

        Was read twice under a suspension of the rules.

        On motion of Mr. Bradford,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Seal of Harrison, in the Chair.

        After some time spent therein,

        The committee rose, reported the bill back to the House, and recommended its passage.

        The bill was then read the third time and passed, the title standing as stated.

        The bill to be entitled "an act to regulate the price of State Printing,"

        Was read three times under a suspension of the rules and passed, the title standing as stated.

        Mr. Bestor, from the committee on Education, made the following report:

        MR. SPEAKER--

        The committee on Education, to whom was referred the bill to be entitled "an act to incorporate the Southern College of Medical Surgery," have had the same under consideration, and have instructed me to report the bill back to the House, and recommend that it do pass.


Page 181

        The report was received and agreed to.

        The bill was then read the third time and passed, the title standing as stated.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed a bill entitled "an act to authorize the President of the Board of Police of Winston county to bring suits for the collection of notes made payable to the Swamp Land Commissioners of said county, and for other purposes."

        And have adopted the following joint resolutions in which the concurrence of the House is desired, to-wit:

        Resolution in relation to adjournment, and resolution in relation to Executive Mansion Fund.

        The Senate has concurred in House amendment to Senate bill entitled "an act for the speedy recovery of personal property wrongfully taken or detained," with an amendment to House amendment.

        The Senate has passed a substitute for House bill entitled "an act to authorize the Board of Police of the county of Itawamba to borrow money from the school fund." The said substitute is entitled "an act to authorize the Boards of Police of the different counties to borrow money from the school fund."

        The Senate have passed the following House bills:

        An act to change the time of holding the Probate Court of Leake county.

        An act to remove the civil disabilities of Sydney Moore Jackson.

        An act to change the name of Mildred Harris, of Itawamba county."

        An act for the relief of John W. Cox, and to remove the civil disabilities of the same.

        And have concurred in the House resolution granting leave of absence to Tryan M. Yancey, with an amendment thereto, in which the concurrence of the House is desired.

        Mr. Wells from the committee on Propositions and Grievances, made the following report which was received and agreed to:

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred "an act to compel Railroads to keep lights, fire and water on their cars" have had the same under consideration and have instructed me to report the said bill back to the House, and recommend that it do pass.

        The bill was read the third time.

        Mr. Murdock moved the following amendment:


Page 182

        Amend by way of engrossed ryder--

        SEC. Be it further enacted, That the said Mobile and Ohio Railroad Company shall not be liable for any penalties provided for in this act for not furnishing lights on the cars should they find it impracticable to procure oil, which

        On motion of Mr. Turley,

        Was laid on the table.

        The bill was then read the third time and passed, the title standing as stated.

        Mr. Wells made the following reports:

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred the petition of Reese Price, of Clark county, praying relief for a negro man and other property lost while impressed into the service of the State, have had the same under consideration, and have instructed me to report that no legislation is necessary, his remedy being provided for in the impressment act.

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred the resolution to appropriate pay to G. C. Dennis, an independent soldier in Company F, 14th Regiment Mississippi Volunteers, and who was taken prisoner at the surrender of Fort Donelson, have had the same under consideration, and have instructed me to report the same back to the House and recommend that it do not pass.

        Which were received and agreed to.

        Mr. Wells made the following report:

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred the memorial of W. C. Tucker, of Lowndes county, asking for the passage of a law permitting him to sell wine by the bottle, manufactured by him from the grape, have had said memorial under consideration, and have instructed me to report the same back to the House with a recommendation that no legislation is necessary on the subject.

        Mr. Wells moved that the report be received and agreed to.

        Mr. Hicks called for a division of the question.

        The vote was first taken on receiving the report and decided in the affirmative.

        The question was then taken on agreeing to the report and decided in the negative.

        The petition was then,

        On motion of Mr. Hicks,


Page 183

        Referred to the joint standing committee on Agriculture and Mechanics.

        Mr. Seal, of Harrison, made the following report, which was received and agreed to:

        MR. SPEAKER--

        The committee on Elections, to whom was referred a resolution of enquiry as to the constitutionality of members holding over and taking seats in this body, have had the same under consideration for some time, and I am instructed to report that the 6th article of amendment of the Constitution of the State of Mississippi, approved Nov. 19, 1857, which is couched in these words--

        "That the following words be and they are hereby inserted in the Constitution of the State and form a part thereof, to-wit: That the amendment of the Constitution voted for by a majority of the qualified electors of this State at the last general election, known as the tenure of office amendment, and which was added to the Constitution by an act of the Legislature of this State, approved the 6th day of February, 1856, be abrogated so far as it fixes the Tenure of office of members of the Legislature, and in lieu thereof the following section be adopted and inserted in the Constitution:

        "SEC.--. The tenure of office of members of the Legislature shall be for the period now fixed by the Constitution, and shall commence from and after their election and expire at the next general election at which their successors are elected. Approved Nov. 19, 1857."

        This amendment settles this question beyond doubt, and it is the opinion of the committee that members of the Legislature cannot hold over under the Constitution of this State. All of which is submitted.

        The Speaker announced as the committee on Agriculture and Mechanics, Messrs. Tindall, Murdock, Cunningham, Brown, Yandell and Ross.

        Mr. Murdock, by leave, introduced the following preamble and resolution, which was adopted:

        WHEREAS, It was impossible for the citizens of the city of Vicksburg to hold an election for a Representative to this House at the late general election in consequence of the occupation of said city by the forces of the United States; therefore,

        Resolved, That F. R. Turley, Representative from said city in the last Legislature, be invited to take a seat in this House and participate in its discussions, and that he be allowed pay and mileage as other members.

        Mr. Fowler made the following report:


Page 184

        MR. SPEAKER--

        The joint standing committee on Internal Improvements have had under their consideration House bill entitled "an act to suspend the Levee tax authorized to be assessed by the Boards of Police of the Mississippi River Levee District," and have instructed me to report the same back to the House and recommend its passage.

        Which was received and agreed to.

        The bill was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Upshaw made the following report:

        MR. SPEAKER--

        The committee on Military Affairs have had under consideration a bill to be entitled "an act to provide an assistant to the Quartermaster General of the State," and have instructed me to report said bill back to the House with an amendment, and recommend that it do pass as amended.

        Which was received and agreed to.

        Mr. Liddell moved to amend the amendment reported by the committee by adding the words "unless such clerk be a disabled soldier,"

        Which was adopted.

        The bill was then read the third time and passed, the title standing as stated.

        Mr. Upshaw, from the committee on Military Affairs, made the following report:

        MR. SPEAKER--

        The committee on Military Affairs have had under consideration a bill to be entitled "an act to encourage enlistments in the army of the Confederate States and for other purposes," and have instructed me to report the same back to the House with the recommendation that it do pass.

        Which was received and agreed to.

        On motion of Mr. Regan,

        The bill was laid on the table, 200 copies ordered to be printed, and made the special order for Wednesday next at 12 o'clock.

        Mr. Watson, from the Judiciary committee made the following report:

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a bill to be entitled an act to repeal an act entitled an act to prohibit the distillation of spirits from grain, molasses and sugar, approved January 3d, 1863, and for other purposes, have instructed me to report the same back to the House with a recommendation that it do pass.


Page 185

        Mr. Shelley offered the following amendment:

        Strike out the words "ten dollars" wherever it occurs and insert "five dollars," and strike out "twelve dollars" wherever it occurs and insert "six dollars."

        On motion of Mr. Seal, of Harrison,

        The amendment was laid on the table.

        The bill was then read a third time, the rules being suspended, and passed, the title standing as stated.

        Leave of absence was granted Mr. Gowan.

        The hour for the special order having arrived,

        The House resolved itself into committee of the Whole on the bill to be entitled.

        An act to authorize the repair of the Mobile and Ohio Railroad between Okolona and Tupelo, and for other purposes,

        Mr. Bradford in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House, and asked leave to sit again at 3 o'clock.

        On motion of Mr. Seal of Harrison,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills have examined the following enrolled joint resolutions and bills:

        A joint resolution for the purpose of compiling the Constitution of the State of Mississippi and the Confederate States.

        A joint resolution requesting the Governor to do all things necessary to protect the people from illegal impressments.

        A joint resolution instructing the Senators and requesting the Representatives in Congress for certain purposes therein named.

        Also, an act entitled an act to amend the school laws of the county of Itawamba.

        Found the same correctly enrolled and have submitted them to the Governor for his approval and signature.

        The House then resumed consideration of the question pending on adjournment, and went into committee of the Whole,

        Mr. Seal, of Harrison, in the Chair.

        The following message was received from the Governor through his Private Secretary, Mr. Charles C. Farrar:


Page 186

        EXECUTIVE OFFICE,
Columbus, Nov. 20, 1863.

        MR. SPEAKER--

        His Excellency, the Governor, has this day signed and approved the following bill and resolutions, entitled

        An act to amend the school laws of the county of Itawamba.

        Resolution instructing the Senators and requesting the Representatives in Congress for certain purposes therein named.

        Resolution requesting the Governor to do all things necessary to protect the people from illegal impressment.

        Resolution for the purpose of compiling the Constitution of the State of Mississippi and the Constitution of the Confederate States.

        After some time spent therein,

        The committee rose, reported the bill back to the House with sundry amendments, with the recommendation that it do pass.

        The report was received and agreed to.

        The bill was then read a third time under a suspension of the rules and passed, the title standing as stated.

        Mr. Regan called up the special order for Wednesday last, to-wit: a bill to be entitled an act to repeal an act to authorize the appointment of two medical commissioners to especially attend to the sick and wounded soldiers from this State in the Confederate army, and for other purposes, approved January 1, 1863.

        The rules were suspended, the bill read the third time and passed, the title standing as stated.

        Mr. Gully, by leave, introduced a bill to be entitled

        An act to increase the salary of the Probate Judge of Kemper county,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Lowry offered the following joint resolution:

        Resolved, (the Senate concurring,) That the Confederate States Senators from the State of Mississippi be instructed, and the Representatives in Congress from this State be requested to use their best endeavors to procure the removal of Gens. Pemberton and Lovell, so that our army may not hereafter be endangered by their blunders.

        Which was read once.

        Mr. Johnson, of Wilkinson, moved that the resolution be rejected, which was decided in the affirmative by yeas and nays called for by Messrs. Lowry, Jackson and Hicks:

        YEAS--Mr. Speaker, Messrs. Archer, Allen, Bradford, Bestor, Boon, Barton, Brown, Barnett, Clark, Cunningham, Carroll, Downs, Deason of Jones, Daniel, Dillard, Dale, Evans,


Page 187

Fowler, Fox, Falconer, Gully, Grace, Gray, Hicks, Hooker, Harris, Hathorn, High, Hendon, Isom, Irby, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lott, Lewers, Moore, Marable, Maxwell, Murdock, McKay of Neshoba, McKay of Green, McLaurin, McNiel, Owen, Pinson, Prewitt, Regan, Rogers, Staples, Sessions, Shelley, Stubbs of Smith, Stephens, Taylor, Thompson, Tindall, Wells, Wier, Watson, Wynne and Yandell--65.

        NAYS--Messrs. Jackson and Lowry.

        Mr. Moore obtained leave of absence until Tuesday.

        Mr. Rogers moved that the House adjourn till 9 o'clock Monday morning,

        Which was lost.

        On motion of Mr. Rogers,

        The House adjourned until to-morrow morning at 10 o'clock.

SATURDAY, November 21, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        The journal of yesterday was read and approved.

        Mr. Prewitt gave notice that on some future day he would move to reconsider the vote of yesterday on a bill entitled an act to repeal an act entitled an act to prohibit the distillation of spirits from grain, molasses and sugar, approved January 3, 1863, and for other purposes.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has concurred in the House substitute to Senate resolution instructing our Senators and requesting our Representatives in the Confederate Congress to pass an act making Confederate money a legal tender, with an amendment thereto.

        Mr. Yandell, by leave, introduced a bill to be entitled

        An act to authorize Mrs. Maria E. Wadlington, Guardian of the minor children of Douglass S. King, dec'd, to sell slaves, belonging to her wards, and for other purposes,

        Was read once and put on the calendar.

        Leave of absence was granted Messrs. McLaurin, Lowry, and Montgomery.

        Mr. Watson, from the committee on the Judiciary, made the following report, which was received and agreed to:


Page 188

        MR. SPEAKER--

        The committee on Judiciary, to whom was referred the petition of Wm. H. Smith, Trustee sixteenth section fund of Noxubee county, have had the same under consideration and have instructed me to report that the legislation therein prayed for is unnecessary, as sufficient provision for the matter to which it relates is made by an act entitled an act to authorize the investment of trust funds in the securities of the State of Confederate States, approved August 2d, 1861,

        Mr. Watson farther reported from the same committee, which report was received and agreed to:

        MR. SPEAKER--

        The Judiciary committee, to whom was referred an act entitled an act to extend the provisions of an act entitled an act to suspend for a limited time certain parts of the Statute of Limitations, have had the same under consideration and have instructed me to report the same back to the House with a recommendation that it do not pass, for the reason that the present legislation on the subject is sufficient.

        Mr. Watson farther reported from the same committee, which report was received and agreed to:

        MR. SPEAKER--

        I am instructed by the Judiciary committee, to whom the bill entitled an act to establish mutilated or destroyed records of deeds and other instruments in Marshall county, was referred, to report as a substitute for said bill a bill entitled an act to authorize the Probate Clerks in this State to record anew any deeds or other instruments required by law to be recorded, when the records have been lost mutilated or destroyed, which bill is herewith reported and we recommend that it pass.

        The bill as a substitute with the foregoing title as given in the report,

        On motion of Mr. Watson,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Watson farther reported as follows from the same committee, which was received and agreed to:

        MR. SPEAKER--

        The Judiciary committee to whom the bill entitled an act to allow the Sheriffs and Tax Collectors additional time to collect the taxes of the year 1862, in certain cases, was referred, recommend that the same may pass.

        The bill then with title as stated in the foregoing report,

        On motion of Mr. Watson,

        Was read three several times under suspension of the rules, and passed, the title standing as stated.


Page 189

        Mr. Watson from the same committee made the following report, which was agreed to:

        MR. SPEAKER--

        The Judiciary committee to whom was referred bill entitled an act granting amnesty to persons accused of crime on certain conditions, have considered the same and recommend that the said bill do not pass.

        Mr. Watson, from the some committee, made the following report, which was received and agreed to:

        MR. SPEAKER--

        The Judiciary committee to whom was referred a bill entitled an act to revise and amend an act to extend the time for the collection of the taxes of the current fiscal year, approved Dec. 20th, 1861, and for other purposes, and amendments offered thereto, have had the same under consideration and have herewith presented a bill which embodies the said bill and the substitute of the said proposed amendments, which they recommend shall be passed.

        The bill then with the following title, "a bill to be entitled an act to revise and amend an act to extend the time for the collection of the taxes of the current fiscal year, approved Dec. 20th, 1861, and for other purposes,"

        On motion of Mr. Watson,

        Read three several times times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Watson, from the same committee, made the following report, which was received and agreed to:

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a bill entitled an act amendatory of an act entitled an act to appropriate fines, forfeitures, licenses, monies arising from the sale of estrays and runaway slaves in Jones county, approved Dec. 4, 1861, and to extend the provisions of the same to Simpson county, have had the same under consideration, and as the said bill relates to the subject of the support of the families of our absent soldiers, I am instructed to recommend that it be withdrawn from the Judiciary committee and referred to the select or special committee which this House has appointed on that subject.

        Also, reported adversely to bills in relation to the prohibition of distillation of spirits from grain, &c., which was received and agreed to.

        Mr. Thompson, from the committee on Ways and Means, reported adversely to a bill to increase the per diem allowance of inspectors and clerks of election,

        Which was received and agreed to.

        Also, reported substitute for bill entitled an act to extend


Page 190

the time of assessing the taxes of the counties therein named, with the following title:

        A bill to be entitled an act to extend the time of assessing the taxes in this State for the year 1863, which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Also, adversely to a bill to amend the assessment laws of this State,

        Which was received and agreed to.

        Also, reported substitute for bill authorizing the Sheriff of Lowndes county to receive Confederate notes in payment for runaway slaves sold under the provisions of law, said substitute being entitled "an act authorizing the Sheriffs to receive Confederate Treasury notes in payment of runaway slaves sold," which,

        On his motion,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Also, reported a bill to be entitled "an act to require the destruction of certain bonds, treasury and cotton notes in the Treasury," which,

        On his motion,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Also, adversely to the expediency and constitutionality of a law to provide for the reduction of the present exorbitant prices of salt, cotton cards and other articles of prime necessity, and for the punishment of extortioners,

        Which was received and agreed to.

        Also, reported a bill entitled "an act to enable the counties of Lowndes, Oktibbeha and Noxubee, and the city of Columbus, to settle up and close their subscriptions to the capital stock of the Mobile and Ohio Railroad Company," which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, with title standing as stated.

        Also, adversely to the petition of sundry citizens of Attala county in reference to the distillation of spirits,

        Which was received and agreed to.

        Mr. Clark, from the joint committee on the Treasurer's office, made the following report, which was received and agreed to:

        MR. SPEAKER--

        I am instructed by the joint committee upon the Treasurer's office to submit the following report:

        The committee find it impossible to make such an examination as the duty to the State requires, owing to the great


Page 191

amount of business accumulated in said office since any examination has been had. There has been no examination made since the year 1858 by the committees of the Legislature. A committee was appointed by the Legislature from its members to examine said office during the vacation of the Legislature in 1862. L. Mims was chairman of said committee; they could never be gotten together and no report was ever made. The cotton issue of $5,000,000 has greatly increased the business of the Treasurer's office, and has, to some extent, complicated the revenue of the State therewith, and the labor and care necessary to bestow upon the examination of that office is too great to be performed by the committee during the session of the Legislature.

        The committee recommends the appointment of a competent business man, or two would answer better, and allow said two commissioners to employ a good book-keeper to assist in the examination, and allow the commissioners and book-keeper such pay as will secure the services of the most competent business men that are to be found.

        The committee would call the special attention of the House to the fact that the Treasurer does not account for any receipts or disbursements for the last two years, thereby leaving us in total ignorance of the state of funds in the State Treasury, giving us no data by which this House can regulate a revenue bill. The committee would call the attention of the House to article 57, section 4 of chapter 6 of the Revised Code, which defines the duties of Treasurer. All of which is most respectfully submitted.

        Also, the following report which was received and agreed to:

        MR. SPEAKER--

        The joint committee appointed to examine the office of Treasurer, Commissioner and Executive Contingent Fund, have performed that duty and have instructed me to make the following report:

        The committee have heretofore reported upon the Treasurer's office, and the office of Commissioner being now merged into that office, the same report applies.

        The Executive contingent fund has been examined by the committee from the 26th of Nov. 1859, up to the 14th Nov. 1863, embracing the two terms of the present Executive. The amount allowed by law to the Executive for contingent expenses, is four thousand dollars per annum. This would amount to sixteen thousand for the time embraced in this report. Upon examination of the vouchers appertaining to this fund, it is found that only eight thousand, eight hundred and sixty-three dollars and twenty-one cents of said amount has been drawn. It appears that the greatest frugality has


Page 192

been used in the expenditure of this fund by the Executive. The appropriation has heretofore, as appears from the books in the Executive office, been annually used, and in some instances exceeded. Notwithstanding the increased expenses of removing the archives of the State from Jackson to different points, and the rent of suitable rooms for offices &c., there is a balance unexpended of $7,136 79.

        The committee would call the attention of the Legislature to the fact that there are other appropriations made by law and expended by the Executive, for the examination of which there has been no committee appointed. The Executive Mansion fund, the appropriation of $15,000 by the Convention for the Pensacola expedition, and the appropriation of $150,000 by the Legislature for the purpose of buying arms, &c. The committee deemed it proper to direct the attention of the Legislature to these expenditures and recommend the appointment of a special committee for the examination of the same.

        Mr. Murdock, from the committee on Claims reported in favor of a bill entitled "an act for the relief of M. D. Files, Sheriff of Itawamba county,"

        Which was received and agreed to.

        And on his motion,

        The bill was read the third time and passed, the title standing as stated.

        Also, reported adversely to a bill entitled an act for the relief of George R. Fall,

        Which was received and agreed to.

        And submit a substitute bill to be entitled an act for the relief of George R. Fall, which,

        On his motion,

        Was read three several times and passed, the title standing as stated.

        Mr. Bradford, from the committee on State and Confederate Relations, to whom the petition of Dr. Wm. S. Price was referred, reported ample remedy at law for all the injuries complained of.

        The report was received but not agreed to.

        Mr. Regan moved to recommit the petition to the committee on State and Confederate Relations. Lost.

        Mr. Seal, of Harrison, moved to lay the whole subject on the table,

        Which was agreed to.

        Mr. Dillard, from a select committee, reported adversely to a bill entitled an act to procure cotton and wool cards for the indigent families of soldiers and the citizens of the State;

        But offer a bill entitled an act to procure cotton and wool cards for the indigent families of soldiers and the citizens of the State and for other purposes, which,


Page 193

        On his motion,

        Was read twice under a suspension of the rules.

        Mr. Murdock moved to lay the bill on the table,

        Which was lost.

        Mr. Seal, of Harrison, moved to refer the bill to the committee of the Whole, which was agreed to.

        Mr. Irby in the Chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House, with a recommendation that it pass.

        Mr. Seal, of Harrison, moved that the report of the committee be agreed to,

        Which was adopted.

        On his further motion,

        The bill was then read the third time and passed, the title standing as stated.

        Mr. Yandell, by leave, called up a bill passed over this morning, entitled an act to authorize Mrs. Maria E. Wadlington, Guardian of the minor children of Douglass S. King, dec'd, to sell slaves belonging to her wards, which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Harris, by leave, introduced a bill to be entitled

        An act to amend chapter 8, of the Revised Code, establishing the fees of certain officers so far as it relates to the Probate Clerks of the counties of Leake and Rankin.

        On his motion,

        Was read twice under a suspension of the rules.

        Mr. Johnson, of Wilkinson, moved to add the county of Wilkinson, which,

        On motion of Mr. Seal, of Harrison,

        Was laid on the table.

        Mr. Falconer offered the following amendment:

        Be it further enacted, That no person liable to military duty shall be included in the benefit of statutes increasing fees and salaries of county officers, which,

        On motion of Mr. Seal, of Harrison,

        Was laid on the table.

        On his further motion,

        The constitutional rule was suspended, the bill read third time, and passed with title as stated.

        The following message was received from the Governor:

        EXECUTIVE OFFICE,
Columbus, Nov. 21, 1863.

        MR. SPEAKER--

        I am instructed by his Excellency, the Governor, to deliver to you his enclosed message:


Page 194

Gentlemen of the Senate
and House of Representatives:

        I was informed on the 18th inst., that the Confederate authorities were apprehending negro slaves in the Northwestern counties of this State. I immediately telegraphed Gen. Johnston and Brig. Gen. Chalmers, and was informed by the former that "under instructions from the President our troops are ordered to bring off all male negroes of military age, in danger of falling into the hands of the enemy."

        In reply I expressed the hope that the order would be revoked, that it precipitated the evil it was intended to remedy, and that the negroes fearing our troops in their alarm would fly to the enemy.

        Immediately upon the passage of your joint resolution in relation to illegal impressments, I telegraphed the same to President Davis, informing him of the condition of affairs in the border counties, and assured him that the policy pursued would, in my judgment result in disastrous consequences. To this, I received the following reply:

RICHMOND, NOV. 19, 1863.

        Gov. Clark:--Your dispatch of yesterday is received. General instructions are given to remove negro men from localities where they would probably be conscribed by the enemy for service in their army. It was directed that owners should have their option as to whether they would retain control of the negroes so removed, or throw the responsibility and future care and support upon the Government.

        If more has been done than this, it was in violation of orders, and the Secretary of War has been directed to give prompt attention to this matter.

(Signed) JEFFERSON DAVIS.


        I hope that on further consideration of the subject the President will revoke the orders given or so change them as to avoid the dangers arising from their enforcement. Whenever illegal impressments shall be reported to me, I shall use the powers vested in the Executive to punish the offenders. I would respectfully call your attention to the necessity of legislation on this subject, and for providing further penalties for the crime of obtaining goods under false pretenses, and the speedy relief to parties against tresspass upon their property.

CHAS. CLARK.


        On motion of Mr. Rodgers,

        The message was referred to the Judiciary committee, with instructions to bring in a bill upon the subject.

        Mr. Irby offered a joint resolution in regard to the late order of the President removing negroes from exposed localities to the enemy, and that the Governor inform the


Page 195

President of the action of this Legislature by telegraph, which,

        On his motion,

        Was read twice under a suspension of the rules and adopted.

        Mr. Regan offered a joint resolution in reference to compelling the Judges of this State to hold their courts at the places appointed by law, &c., which,

        On his motion,

        Was read twice under a suspension of the rules, and adopted.

        Mr. Johnson, of Wilkinson, offered a joint resolution inviting the Hon. J. W. C. Watson, at an early day, to address the Legislature, which,

        On his motion,

        Was read twice under a suspension of the rules, and adopted.

        Mr. Fowler, by leave, introduced a bill to be entitled

        An act to amend an act for the relief of Judges of the Circuit Courts of this State in certain cases, which,

        On his motion,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Murdock introduced a bill to be entitled

        An act to amend the Probate laws of this State, which,

        On his motion,

        Was read twice under suspension of the rules, and referred to the Judiciary committee.

        Mr. Evans offered a joint resolution concurring with Gov. Brown, of Georgia, in setting apart Thursday, the 10th of December next, as a day of fasting, humiliation and prayer, which,

        On his motion,

        Was read twice under a suspension of the rules and adopted.

        Mr. Regan offered a joint resolution instructing our Senators and requesting our Representatives in Congress to do all in their power to pass an act indemnifying citizens of this State for cotton burned, which,

        On his motion,

        Was read twice under a suspension of the rules, and adopted.

        Mr. Upshaw, by leave, introduced a bill to be entitled

        An act to levy and collect a tax of thirty-three and one-third per cent. on all persons refusing to receive Confederate Treasury notes in payment of dues, and for other purposes, which,

        On his motion,


Page 196

        Was read twice under a suspension of the rules, and referred to the committee on the Judiciary.

        On motion of Mr. Seal, of Harrison,

        The House adjourned until Monday morning, at 10 o'clock.

MONDAY, November 23, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Wm. H. Ellison, of the Alabama Conference.

        Journal of Saturday read and approved.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed a substitute to an act to repeal certain clauses of an act entitled an act to authorize the impressment of slaves and other personal property for military purposes, approved Jan. 3d, 1863. The said substitute is entitled "an act to amend the impressment laws of this State."

        The President of the Senate has appointed Messrs. Davis, Drake and Bradford as a joint committee on Agriculture and Mechanics on the part of the Senate.

        Mr. J. C McLemore, of Carroll county, presented his credentials and was sworn in as a member of this House.

        On motion of Mr. Prewitt,

        The Clerk was requested to send to the Senate for a bill entitled an act to repeal an act entitled an act to prevent the distillation of grain, and for other purposes, passed on Friday last.

        Leave of absence was granted Messrs. Seal of Harrison, Deason of Jones, Carroll and Deason of Copiah.

        Mr. Jackson introduced a bill to be entitled

        An act to increase the fees of the Sheriff and Probate Clerk of Amite county, which,

        On his motion,

        Was read three times under a suspension of the rules, and was lost on its passage.

        Mr. Jackson also introduced a bill to be entitled

        An act to increase the salary of the Probate Judge of Amite county, which,

        On his motion,

        Was read twice under a suspension of the rules, and referred to the committee of Ways and Means.


Page 197

        Mr. Jackson asked leave to introduce a resolution, which was refused.

        Mr. Lewers introduced a bill to be entitled

        An act for the relief of C. E. Murphree, of Calhoun county,

        Which was referred to the committee of Military Affairs without being read.

        Mr. Lewers introduced a bill to be entitled

        An act for the benefit of the cavalry companies commanded by Capts. Mitchell, Williams and Johnson,

        Which was read once.

        Mr. McKay, of Green, introduced a bill to be entitled

        An act to repeal section five of an act entitled an act to reduce the county tax of Green county, which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Rucks introduced a bill to be entitled

        An act to amend the charter of the city of Jackson, approved August 6, 1861, and an act entitled an act supplemental to an act to amend the charter of the city of Jackson, approved August 6, 1861, which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Shelley introduced a bill to be entitled

        An act for the relief of William Beachum, of Itawamba county, and for other purposes, which,

        On his motion,

        Was read twice under a suspension of the rules, and referred to the committee on Propositions and Grievances, with accompanying documents.

        Mr. Gulley presented various documents, which were referred to the committee of Ways and Means.

        Mr. Murdock presented the memorial of Thomas M. Cannon, Guardian, which,

        On his motion,

        Was referred to the committee on Claims.

        Mr. Grace introduced a bill to be entitled

        An act to remove the civil disabilities of Anthony D. Gordon, a minor of Lauderdale county, so far as to enable him to make a last will and testament, which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Lott introduced a bill to be entitled

        An act to remove the civil disabilities of Henry B. Luckett, a minor, which


Page 198

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Daniel introduced a bill to be entitled

        An act to remove the civil disabilities of James H. Matthews, a minor of Marshall county, which,

        On his motion,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Cunningham introduced a bill to entitled

        An act in relation to the sixteenth section school fund of Noxubee county, which,

        On his motion,

        Was read twice under a suspension of the rules.

        Mr. Rucks moved to refer the bill to the committee on Education,

        Which was lost.

        Mr. Brown moved to amend by adding the county of Winston,

        Which was agreed to.

        On motion of Mr. Fowler,

        The bill was amended by adding the county of Washington.

        On motion of Mr. Cunningham,

        The bill was read the third time under a suspension of the rules and passed, the title amended by inserting after Noxubee, Winston and Washington counties.

        Mr. High introduced a bill to be entitled

        An act for the relief of T. A. Mitchell, of Pontotoc county, which,

        On his motion,

        Was read twice under a suspension of the rules, and

        On his further motion,

        Referred to the committee on Claims.

        Mr. Dillard introduced a bill to be entitled

        An act for the relief of John A. McNeil, which,

        On his motion,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. McNiel introduced a bill to be entitled

        An act for the relief of Messrs. Reid and Dickson, of Pontotoc county, which,

        On his motion,

        Was read twice under a suspension of the rules, and

        On his further motion,

        Was referred to the committee on Claims.

        Mr. Easterling introduced a bill to be entitled

        An act to amend an act entitled an act to appropriate fines,


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and forfeitures in Jones county, approved Dec. 4, 1861, which,

        On his motion,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Gowan introduced a bill to be entitled

        An act to authorize the Board of Police of Simpson county to make all necessary arrangements for an equal distribution of the common school fund between the different townships of said county, which,

        On his motion,

        Was read twice under a suspension of the rules.

        On motion of Mr. Liddell,

        The bill was referred to the committee on Education.

        Mr. Gowan introduced a bill to be entitled

        An act to authorize the Sheriff of Simpson county to sell and dispose of estrays in said county, which,

        On his motion,

        Was read twice under a suspension of the rules.

        On motion of Mr. Morehead,

        The bill was amended by adding the county of Copiah.

        On motion of Mr. Murdock,

        The bill so amended was referred to the Judiciary committee, with instructions to bring in a general bill.

        Mr. Eskridge asked leave to introduce a bill of a general character, which was refused.

        Mr. Gray presented sundry accounts, which,

        On his motion,

        Were referred to the committee on Claims without being read.

        Mr. Gray introduced a bill to be entitled

        An act for the relief of E. A. Miller, of Wayne county, which,

        On his motion,

        Was read twice under a suspension of the rules, and

        On his further motion,

        Referred to the Judiciary committee.

        Mr. Johnson, of Wilkinson, asked leave to introduce a bill of a general character, which was refused.

        Mr. Brown introduced a bill to be entitled

        An act to legalize the sale of lands in Carroll county, with a memorial of John C. Brown, which,

        On his motion,

        Was read three times under a suspension of the rules and passed, the title standing as stated.

        Mr. Brown introduced a bill to be entitled

        An act to amend the laws in relation to estrays, so far as pertains to Winston county, which,


Page 200

        On his motion,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Cunningham called up a bill entitled

        An act supplementary to an act better to provide for the families of soldiers, approved January 3, 1863, and,

        On his motion,

        It was referred to the committee of Ways and Means.

        On motion of Mr. Yandell,

        The Senate messages were called up.

        The Senate joint resolution in relation to the instruction given the committee on the Lunatic Asylum, was read and concurred in.

        The Senate joint resolution in relation to the collection of taxes in certain counties therein named, was taken up, and

        On motion of Mr. Regan,

        Was amended by inserting the counties of Claiborne, Jefferson, Wilkinson and Hinds, to the second series of counties mentioned therein.

        The Senate joint resolution in regard to the examination of certain appropriations therein named, was,

        On motion of Mr. Powe,

        Concurred in, the blank being filled with five.

        The following is the committee on the part of the House:

        Messrs. Regan, Murdock, Thompson, Irby and Bradford.

        The House refused to concur in the Senate joint resolution in reference to inquiries made therein of the Governor in regard to the enforcement of the 4th section of an act to amend an act entitled an act to revise and reduce into one the militia and volunteer laws of this State.

        Senate bill entitled an act to change the name of Nancy Delaware Wyatt to that of Nancy Delaware Gibbs, and to enable Joseph Gibbs and wife to adopt her as their child,

        On motion of Mr. Hicks,

        The bill was read three several times under a suspension of the rules and passed, the title standing as stated.

        Senate bill to be entitled

        An act to enable the High Court of Errors and Appeals of this State to prevent injustice to suitors and to correct some of the evils arising from the present state of war, was

        On motion of Mr. Hicks,

        Read twice under a suspension of the rules, and referred to the Judiciary committee.

        Senate bill to be entitled

        An act for the relief of citizens of DeSoto county whose lands have been illegally sold for taxes of 1862,

        On motion of Mr. Allen,

        Was read twice under a suspension of the rules.


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        On motion of Mr. Eskridge,

        The bill was referred to the committee on Ways and Means.

        On motion of Mr. Morehead,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Gowan asked leave to introduce a bill, which was refused.

        Mr. Gowan asked and obtained leave of absence.

        Senate bill to be entitled

        An act for the speedy recovery of personal property wrongfully taken or detained, was taken up, and

        On motion of Mr. Hicks,

        The House amendment was receded from and the Senate amendment concurred in.

        On motion of Mr. Upshaw,

        The House refused to concur in Senate amendments to House joint resolution granting leave of absence to the Hon. Tryan M. Yancey.

        Senate substitute bill for House bill entitled "an act to authorize the Board of Police of Itawamba county to borrow money," entitled "an act to authorize the Boards of Police of the different counties to borrow money from the school fund,"

        Was read twice under a suspension of the rules, and

        On motion of Mr. Bradford,

        Was referred to the committee on Education.

        Senate joint resolution in regard to the appointment of a standing committee to be called the committee on the "Executive Mansion Fund," was concurred in, the blank being filled with five.

        The committee on the part of the House are Messrs. Morehead, Bestor, Seal of Hancock, Upshaw and Allen.

        Senate joint resolution in reference to the adjournment of the Legislature on Saturday next,

        On motion of Mr. Fox,

        Was laid on the table to be made the special order of Friday next.

        Senate bill entitled an act to authorize the President of the Board of Police of Winston county to bring suits for the collection of notes made payable to the swamp land commissioners of said county, and for other purposes,

        On motion of Mr. Brown,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.


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        Senate bill to be entitled

        An act to amend the impressment laws of this State,

        On motion of Mr. Irby,

        Was read three several times under suspension of the rules, and passed, the title standing as stated.

        The House refused to concur in Senate amendment to House amendment of Senate joint resolution instructing our Senators and requesting our Representatives in Congress to pass an act making Confederate notes a legal tender.

        The following message was received from the Governor with accompanying documents, through his Private Secretary, Mr. Charles C. Farrar:

        MR. SPEAKER--

        I am instructed by his Excellency, the Governor, to transmit you his message in writing with the accompanying documents:

EXECUTIVE OFFICE,
Columbus, Nov. 23, 1863.

Gentlemen of the Senate
and House of Representatives:

        I desire to call your attention to the condition of the State troops and ask your early action. In the message of my predecessor at the commencement of your session, he informs you that there are now in the possession of the State forces, horses, &c., to the amount of $224,910 50, and that by an understanding with the President and Gen. Johnston the whole cavalry force is to be turned over to the Confederate service, the Confederate Government agreeing to pay for the use and risk of the State horses during their term of service, and also to pay the value when any such horse or horses shall be killed or captured by the enemy, "and further that this arrangement is subject to any disposition which the Legislature may deem proper to make in the premises." As the whole matter has thus, according to the agreement, been submitted for your action, I have deemed it improper for me to permit the troops and property to be transferred until your will was consulted. An order having been issued to Col. McGuirk to complete his regiment by taking into it any unattached company in the Northwestern portion of the State and to have his regiment ready to be mustered into the Confederate service by the inspecting officer of Gen. Johnston. I have suspended the execution of that order. Lieut. Col. Perrin informs me that he has reorganized his battalion and has now eight companies ready, and asks an order to transfer them. He says that the term of service of all the companies, except two, of his battalion,


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has expired, but that there are a number (stated at sixty) of the State horses in the possession of his men, and asks that they may be permitted to retain them upon their giving bonds for the payment to the State of the amount of the actual cost in each case minus the amount of per diem already received for the use and risk of the horses in the past service. I have in this case also declined to give such order unless directed by you to do so. Others of the State troops have also been ordered to be transferred to the Confederacy, but the whole matter is suspended for your decision. They are all now in active service in the Northern part of the State, except Lt. Col. Perrin's battalion which is awaiting orders at Macon. Some of the State troops desire to remain in the State service, but Col. Perrin informs me that all of his battalion desire to be transferred. The whole matter is with you, and I await your action. I earnestly request your early attention to it and that you will, by resolution or otherwise remove the obstacles thus presented to an efficient organization of our cavalry force.

        I concur in the opinion expressed by my immediate predecessor, that a large force of this character is necessary to our defense. It is not to be expected that the Confederate troops will be so disposed as to give protection to all portions of this State. They will occupy certain lines and move for the defense of certain points as exigency may require. I do not for a moment suppose that it is the intention of the Legislatuae to leave a large portion of our people exposed to the tender mercies of their unscrupulous and vindictive foes. No inconsiderable part of the State is now subject to their raids. They come with the sword in one hand and the firebrand in the other. It is but a few days since a messenger informed me that a band of these marauders, landing in the county of Bolivar, were devastating the country for miles in the interior, and the houseless women and children were fleeing before them lighted by the fires of their blazing dwellings. Shall these things be unavenged? Let there be no delay. A few weeks more and you may see your own roofs in flames and your families fugitives or crouching at the feet of an insulting foe. The people look to us for protection. I earnestly recommend such changes in our military laws, and such appropriation of money as may be necessary to enable me to bring into the field and maintain a force of cavalry and artillery of three thousand men, and also to reorganize the militia that they may be called out without delay. It is not expected that the latter


Page 204

will be often needed--but they should be ready as a supporting force. The very fact that they are held in a state of readiness will of itself add strength to our movements. Other States better guarded by the Confederacy than ours, keep their separate armies in the field. Georgia has now an army of about eight thousand, and her patriotic Governor recommends that it be increased. The Legislature of South Carolina has been convened to provide for State defence. Other States have their forces. There is no one that needs them more than Mississippi.

        I respectfully recommend an extension of the period of liability to military duty--that there be few exemptions. Those having substitutes in the Confederate army are liable to State service, but to remove all doubt let them be rendered liable by express statutes. To enable the Commander-in-Chief to bring the troops to proper discipline and service, give him the power to order and detail courts-martial in all cases, and courts of inquiry for the investigation of the conduct of all officers and to remove them from office. Give him such inspectors as may enable him to have knowledge of the condition and discipline of the troops. All Surgeons and Quartermasters should be appointed by and accountable to him. So of all other staff officers, except the personal staff of the General officers. I believe one General officer will be sufficient. Provide for promotion by appointment, even from the ranks, for meritorious conduct. This may be constitutionally done in the volunteer forces, for by volunteering under the law they waive all supposed right to elect officers, except the law furnish it. The right to elect officers in other cases may be safely given to the volunteers, the power of removal for incompetency and inefficiency being retained. Provision for a draft from the militia, in case a sufficient number of volunteers should not offer, should be made, so that they may be brought out without delay. Surrender these and such other powers as you may see proper in your wisdom to confer, with all necessary restrictions to prevent any abuse of them. Against any abuses of power by myself or my permission of it in others, I can only offer you the guarantee of my humble history in the service.

        I have the honor to transmit to you an address of a committee of the House of Delegates of Virginia "inviting an interchange of views with the respective States of the Confederacy upon the subject of our general currency." I recommend it to your serious attention.


Page 205

        I also send you a communication from the Rev. C. K. Marshall, Hospital Agent, recommending the establishment of a soldier's home, and an appropriation for that purpose. The object is a noble one and worthy of its philanthropic and christian author. I recommend it to your favorable consideration.

CHAS. CLARK,
Governor.


RICHMOND, VA., Nov. 4, 1863.

        DEAR SIR:--The undersigned, a committee of the House of Delegates of Virginia, have been charged with the duty, during a short recess of the General Assembly, of inviting such interchange of views with the respective States of the Confederacy upon the subject of our general currency, its disorders and necessities, as may probably induce some concert of action or of sentiment, designed to effect relief from the present evils in connection with this most vital subject. In part discharge of this duty, we have the honor to address you this communication.

        The General Assembly, and especially that branch of it which we represent, entertaining a painful sense of the present and prospective dangers resulting from the disorders referred to, have entered upon the consideration of the subject with the hope that an interest commensurate with the issues involved might be awakened, and result in such coaction by the States, or in the creation of a wholesome public sentiment favorable to such action by Congress as may eventuate in active remedies and efficient relief. Want of time and the paramount claims of other great questions of exclusive State concern, have prevented, during the recent session, the full maturiy of, and the definitive action of the Legislature upon, any special line of policy, in reference to this deeply interesting question. The Legislature has also felt the restraints imposed by the want of an original and comprehensive jurisdiction over the subject, superadded to the intrinsic difficulties always and inseparably connected with its salutary control and judicious management--difficulties now indefinitely multiplied by the anamolous and morbid condition into which it is falling with a fearful acceleration. They have not been deterred, however, by these difficulties, from a sincere purpose and an earnest endeavor, though unfavorably and imperfectly executed as yet, to initiate or invoke some policy on which the country might stand with a well founded confidence, and demonstrate to itself and to the world, that to achieve its financial, no less than its military success, needs but the concerted purpose and combined energies of a united people.


Page 206

        Whence such policy shall originate, whether with the States or the Congress, how it shall be executed, whether by Confederate agencies alone, or by the co-operative action of the States, are to be regarded as secondary questions, important only as means to accomplish the first great necessary fact of its early institution and successful prosecution. This latter they feel to be an absolute necessity for the general weal; and whatever relation may be assigned to the States in its execution, the moral power of their concerted movement in its support, deserves to be regarded as an object of the highest moment.

        To this concert of movement Virginia invites her sister States, with an earnestness akin to that devotion which she feels to the great cause in which we are engaged. She does not doubt that their governments and people justly perceive and appreciate, in like manner with her government and people, the difficulties and dangers to which we are subjected and exposed, and the unhappy consequences that await us in the future, unless existing tendencies in our currency are speedily arrested and adequately remedied by a discreet and vigorous treatment. Despoiled of much of her richest territory, torn and mutilated by the ravages of contending armies, and threatened with scarcity and suffering on account of an unwonted draft upon the productive resources that yet remain to her, her unconquered people will withhold no aid or effort, to the limit of their utmost ability, that the public exigencies may require in the aceievement of Southern independence. In this she does not doubt she has the unmeasured sympathy of the governments and people of the noble States allied to her in the bonds of a confederation sealed and cemented by the blood of the noblest sons of each. And in the presence of these sacred memories, she now sends to them greeting, with an invitation to counsel, to movement, to harmonious action upon a great question, in which the stability of the government, the issue of battles and the happiness of individals so largely depend.

        That the immense issue of treasury notes, as the chief source of supply to the Confederate fisc, must be speedily abandoned as a policy, may be assumed as a conceded fact. What means shall be substituted therefor is a question within the primary jurisdiction of Congress. But that the respective State governments, leading their respective populations, may be powerful coadjutors, if not original authors of a systematic policy of amelioration, will not be questioned. And in whatever direction State movement may be


Page 207

made, concert and co-operation are indispensable to efficiency and success--concert in legislation, if legislation be needed--unity of sentiment inspired by common motives and directed to common ends.

        We forbear to indicate opinions upon any special policy, as unauthorized by the extent to which enquiry on the subject has proceeded in the General Assembly, the further consideration of the subject having been postponed until the 7th December proximo. Meanwhile, however, the Legislature of your State will have convened. The importance of the subject can hardly fail, in greater or less degree to engage its attention. Its united wisdom and patriotism in the rapidly progressing stages of discussion on the subject, may discover some readier solution of so difficult a problem than the Virginia Assembly have been able to attain, under the very brief and embarrassed opportunities which were afforded during its recent session. When its consideration shall be resumed at the period referred to, the light of the intelligent counsel of your statesmen and the cheer of their manly encouragement and sympathy will aid to wiser conclusions, and inspire a still more resolute purpose never to despair of the republic.

        In further performance of the duties imposed on us, we respectfully request your Excellency to submit this communication to the General Assembly of your State (if it be early convened,) and invite such responsive action thereon as the importance and character of the subject may seem to demand.

With sentiments of high regard,
We have the honor to be,
Your obedient servants,

HUGH W. SHEFFEY,

A. S. BUFORD,

JAMES L. WILSON,

F. B. DEANE, JR.

D. I. BURR,

SAMUEL L. WILSON,

THOMAS A. EDWARDS,
Committee of House of Delegates of Virginia.

His Excellency, JOHN J. PETTUS,
Governor of Mississippi.



Page 208

COLUMBUS, MISS.
November 17th, 1863.

His Excellency Chas. Clark, Gov. State Mississippi.

        SIR: By the fortunes of war several thousand brave soldiers, from nearly every State in the Confederacy, have been disabled for future service in the field during the continuance of the war, and many of them for life. It is the duty of the people to consider their condition, and make such arrangements for their comfort as will relieve them from the necessity of lingering in hospitals, or wandering about homeless, destitute and suffering. With a view to their relief I have been urging the importance of establishing a "Soldiers Home" where they could be collected and rendered comfortable, and realize the grateful regards of their countrymen whom they have faithfully served on the bloody fields of battle.

        In the hope of final success, I have deemed it proper to call your attention to the subject, and pray you to present the matter to the consideration of the Legislature--an appropriation of fifty thousand dollars could scarcely be made to a more deserving or important measure for the relief of our countrymen.

Truly yours,

C. K. MARSHALL.


        On motion of Mr. Rogers,

        So much of the Governor's message as refers to Military matters was referred to the committee on Military Affairs, and so much of the message as refers to finance was referred to the committee on Ways and Means.

        On motion of Mr. Stephens,

        So much of the Governor's message as refers to the impressment of horses was referred to the committee on State and Confederate Relations.

        Mr. Rogers offered a joint resolution which read as follows:

        Resolved, (the Senate concurring) That after Wednesday, the 25th inst., no bill of a local nature, and after Saturday, the 28th inst., no bill whatsoever, shall be introduced into either House as new business. Read once.

        Mr. Rogers, by leave, introduced a bill to be entitled

        An act for the relief of the first Battalion of the Mississippi State troops, commanded when in service, by Major Harper, and

        On his motion,

        Was read twice under a suspension of the rules, and referred to the committee of the Whole House, and to be made the special order of Thursday next.

        Mr. Irby, by leave, introduced a bill to be entitled

        An act for the relief of owners of slaves impressed under an act entitled an act to authorize the impressment of slaves and other personal property for military purposes, approved January 3d, 1863, which,


Page 209

        On his motion,

        Was read twice under a suspension of the rules, and

        On his further motion,

        The House resolved itself into the committee of the Whole.

        Mr. Bradford in the chair.

        After sometime spent therein,

        The committee rose and reported the bill back to the House with the recommendation that it be referred to the Judiciary committee.

        On motion of Mr. Upshaw,

        The report of the committe was received and agreed to.

        Mr. Regan, by leave introduced the following joint resolution, which under a suspension of the rules was adopted:

        Resolved by the Legislature of the State of Mississippi, That it is the sense of this Legislature that no appointments, either in civil or military departments of the State, should be made from any person within conscription age, provided that this resolution do not apply to disabled soldiers under this age.

        On motion of Mr. Rogers,

        The House adjourned until to-morrow morning at 10 o'clock.

TUESDAY, Nov. 24, 1863.

        The House met pursuant to adjournment.

        Mr. Speaker Houston in the Chair.

        Prayer by the Rev. Dr. Lyon.

        Journal of yesterday was read and approved.

        Mr. J. C. McElroy, Representative elect from the county of Newton, presented his credentials and was sworn as a member of the House.

        The following report was made by Mr. Irby from the committee on Enrolled Bills.

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined bills of the following titles and find them correctly enrolled, and have submitted them to his Excellency the Governor, for his signature, to wit:

        An act to remove the civil disabilities of Sydney Moore Jackson, of Rankin county.

        An act to change the time of holding the Probate Court of Scott county.


Page 210

        An act for the relief of John W. Cox, of Winston county, and to remove the civil disabilities of said minor.

        An act to change the name of Mildred Harris, of Itawamba county.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed the following House bills, to wit:

        A bill entitled an act to suspend the Levee Tax authorized to be assessed by the Board of Police of the Mississippi river Levee district.

        A bill entitled an act to increase the salary of the Probate Judge of Kemper county.

        A bill entitled an act, to repeal an act, entitled act, to authorize the appointment of two medical commissioners to especially attend to the sick and wounded soldiers from this State in the Confederate army, and for other purposes. Approved January 1st, 1863.

        Have adopted the following House, joint resolution with an amendment, to wit:

        Joint resolution setting apart Thursday the 10th day of December, as a day of fasting humiliation and prayer.

        A House bill entitled an act to remove the civil and legal disabilities of Samuel B. Jones, of Sunflower county, with an amendment thereto.

        The Senate have passed bills of the following titles:

        A bill entitled an act to change the time of holding the Probate Court of Lawrence county.

        A bill entitled an act to pay clerks, inspectors and returning officers of elections of Hancock county, and to increase per diem of the members of Board of Police.

        A bill entitled an act relative to the establishment of a temporary Penitentiary.

        A bill entitled an act to punish parties making illegal seizures and impressments in this State.

        A bill entitled an act to authorize, and require the Governor to cause to be prepared and printed, a sufficient amount of bonds, bearing eight per cent interest, for the purpose of calling in, and taking up the Treasury notes issued by law for military defense of the State.

        The Senate have passed the following resolutions, to wit.

        Resolution in regard to Railroads.

        Resolution to donate clothing to the Herndon Rangers, and for other purposes.

        Resolution of confidence, &c.

        The Senate have concurred in House amendment to Senate bill entitled an act to authorize the repair of the Mobile and Ohio Railroad between Okolona and Tupelo in this State, and for other purposes.


Page 211

        Mr. Murdock presented the memorial of James W. Harris, which was referred to the committee on Claims.

        Mr. Folconer presented the memorial of D. O. Merwin, Maj. and A. A. G. comandant of conscripts for State of Mississippi, which was referred to the Judiciary committee.

        The speaker presented a communication from the Auditor of Public Accounts, which was read and referred to the committee on the Auditor's office.

        Mr. Watson, from the Judiciary committee, made the following reports,

        Which were received and agreed to.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a bill entitled an act for the relief of E. A. Miller, of Wayne county, have had the same under consideration, and have instructed me to recommend that the same do not pass.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred an act to authorize the Sheriffs of Simpson and Copiah counties to sell and dispose of estrays in sad counties with instructions to report a general bill upon the subject, have considered the same and report a general bill, and recommend that it do pass.

        The substitute bill accompanying the report entitled an act to amend chapter thirty-two of the Revised Code, so far as the same provides for the registration and sale of estrays,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred two bills, each entitled an act for the relief of the owners of slaves impressed under an act entitled an act to authorize the impressment of slaves and other personal property for military purposes, approved January 3d, 1863, have had the same under consideration and have instructed me to report that they recommend that the same do not pass. In the opinion of the committee the State is bound to indemnify all citizens who have lost property under the said impressment law, and also to pay for the temporary use of all property so impressed which was restored to the owner, but in view of the present condition of the State Treasury, and of the very large appropriations which it is absolutely necessary should be made therefrom for purposes of pressing emmergency, the committee do not believe that it is practicable for the State at this time to meet or provide for said liabilities.

        Mr. Watson moved that the report be received and ageed to.

        Mr. Irby called for a division of the question.


Page 212

        The report was received.

        On motion of Mr. Regan,

        The bill was recommitted to the Judiciary committe with instructions to report a plan for perpetuating testimony in regard to such claims.

        MR. SPEAKER--

        The Judiciary committee to whom was referred Senate bill entitled an act to compel Anderson Bean, ex Sheriff, to pay over certain monies to the Treasurer of Chickasaw county, and for other purposes, have had the same under consideration and have instructed me to report that the same do pass.

        On motion of Mr. Watson the report was received and agreed to.

        The bill was then read the third time and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred an act to amend the Probate laws of this State, have had the same under consideration, and have instructed me to recommend that said bill do pass.

        On motion of Mr. Lewers the report was received and agreed to.

        The bill was then read the third time and passed, the title standing as stated.

        Mr. Thompson, from the committee on Ways and Means, made the following report:

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred Ssnate bill to be entitled an act to increase the salary of the Probate Judge of Lauderdale county, and the petition of sundry citizens of Kemper county praying the increase of the salary of the Probate Judge of Kemper county--a bill increasing the salary of Probate Judge of Amite county, and House bill to be entitled an act to increase the salary of the Probate Judge of Monroe county, with two amendments, proposing an increase of salary of the Probate Judges of Lowndes and Scott counties respectively within structions to enquire into the expediency of extending the provisions of the House bill to all the Probate Judges of the State, have had the same under consideration, and have instructed me to report a substitute bill for the whole of them and recommend its adoption. In the Revised Code of 1857, the Legislature fixed the annual salaries of the Probate Judges of the State, and required them to be paid out of the Treasury of the respective counties. It was manifestly unjust to allow each Probate Judge the same amount of salary. Therefore the Legislature discriminated allowing to


Page 213

each what was deemed just. Since then your pamphlet statutes are filled with changes, sometimes increasing and sometimes diminishing the salary. The information in possession of the Legislature is not sufficient to enable it to reach a satisfactory conclusion in each case, and as the people of the county pay the salary, the Board of Police of the county directly responsible to the Tax payers, would more likely do justice in each case, than the Legislature could. The substitute bill proceeds on this principle, and your committee believe that its adoption is better calculated to do justice and give satisfaction than the present system, and therefore recommend its passage.

        On motion of Mr. Thompson,

        The report was received and agreed to.

        The substitute bill read three several times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred a bill to be entitled an act to encourage the manufacture of cotton and wool cards in this State, have had the same under consideration, and have instructed me to report a bill as a substitute for the same and recommend that the substitute do pass.

        On motion of Mr. Thompson,

        The report was received and agreed to.

        The substitute bill accompanying the report was read twice under a suspension of the rules.

        Mr. Eskridge moved that the bill and substitute be referred to a select committee of five,

        Which was lost.

        Mr. Lewers offered the following amendment:

        Amend 1st section by adding "provided that said cards shall not be sold at a price exceeding 50 per cent upon the cost of manufacturing the same."

        On motion of Mr. Hicks,

        The amendment was laid on the table.

        On motion of Mr. Thompson,

        The rule was suspended, the bill read the third time and passed, the title standing as stated.

        Mr. Thompson from the committee of Ways and Means made the following reports.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred the bill to be entitled an act to authorize the State to receive from the delinquent Tax collectors of the several counties in this State, the military bonds or notes falling due June 1st, 1863 and 1864, in payment of the amounts due from them on account of the military Tax for the year 1861,


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have had the same under consideration, and have instructed me to recommend that the same do pass.

        The report was received and agreed to.

        The bill read the third time under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The committee of Ways and Means, to which was referred the bill of this House entitled an act to amend chapter 8th of the Revised Code, entitled an act establishing the fees of certain officers so far as relates to the clerks of the Chancery Courts of Wilkinson county, have had the same under consideration and beg leave to report.

        The bill proposes to authorize the clerks of Chancery and Probate Courts of Wilkinson county, to charge for all copies from the records of their respective courts, fifteen instead of ten cents, for every hundred words. It this authority is given to the clerks of Wilkinson county, it should be given to all the clerks of the State, as the work to be paid for is the same everywhere. The committee do not think this increased compensation should be made of universal application at this time, therefore, the committee recommend that the bill do not pass.

        Report was received and agreed to.

        MR. SPEAKER--

        The committee to whom was referred the bill to be entitled an act to authorize the collection of monies loaned by this State to Railroad companies from the Chickasaw School Fund, have had the same under consideration, and have instructed me to recommend that the same do pass.

        On motion of Mr. Thompson,

        The report was received and agreed to.

        The bill read three several times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The committee of Ways and Means, to which was referred a resolution of this House, instructing them to enquire into the expendiency and propriety of this State becoming the agent of the Confederate States Government in the collection and paying over of the produce and other taxes after the present year, have had the same under consideration and report, that to prevent the multiplication of Confederate officers and to curtail executive patronage within the limits of the State of Mississippi, would, in the opinion of the committee, strongly recommend the policy indicated in the resolution. The officers of the State could collect and pay over the produce and other direct taxes with as great promptness and fidelity as the Confederate officers, and with more acceptableness to the people. But until the legislation of the


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Confederate Congress should signify as willingness to accept such an agency, any enactment looking to that end on the part of the Legislature would be premature and inoperative. The committee therefore ask to be discharged from the further consideration of the resolution.

        On motion of Mr. Thompson,

        The report was received and agreed to.

        Mr. Upshaw, by leave, introduced a bill to be entitled

        An act to organize the army of Mississippi,

        Which was read twice under a suspension of the rules.

        On motion of Mr. Upshaw,

        The bill was laid on the table, 200 copies ordered to be printed, and the bill made the special order for Friday next at 11 o'clock.

        Leave of absence was granted Mr. Sessions.

        Leave of absence was granted Mr. Alcorn after Friday next.

        The following message was received from the Governor through his private Secretary:

        EXECUTIVE OFFICE,
Columbus, Nov. 24, 1863.

        MR. SPEAKER--

        In am directed by the Governor to inform you that he did, on the 23d inst., sign and approve the following House bills: entitled

        An act to remove the civil disabilities of Sidney Moore Jackson, a minor of the county of Rankin.

        An act to change the name of Mildred Harris, of Itawamba county.

        An act to change the time of holding the Probate Court of Scott county.

        An act for the relief of John W. Cox, of Winston county, and to remove the civil disabilities of said minor.

        The House then proceeded to the consideration of the special order of the day, to wit: A bill to be entitled an act better to provide for the families of our soldiers, and resolved itself into committee of the whole,

        Mr. Alcorn in the Chair.

        After some time spent therein the committee rose and reported the bill back to the house, and asked leave to sit again at 3 o'clock P. M.

        On motion of Mr. Stephens,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Rogers moved to reconsider the vote by which the


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House passed this morning a bill to be entitled an act to authorize the collection of monies loaned by this State to Railroad companies from the Chickasaw School Fund.

        Mr. Hicks moved a reconsideration of the vote by which, the House this morning passed a bill to be entitled an act to authorize the State Treasurer, to receive from the delinquent tax collectors of the several counties in this State, the military bonds, or notes, falling due the 1st of June 1863 and 1864, in payment of the amounts due from them on account of the military Tax for the year 1861.

        Which was adopted.

        Leave of absence was granted Mr. Fort after Friday next.

        Mr. Harris by leave introduced the following joint resolution:

        Resolved, (the Senate concuring,) The Legislature take a recess from Saturday 28th inst., 4 o'clock P. M., until Monday 11th January 1864,

        Which was read once.

        Mr. Upshaw offered the following resolution:

        Resolved, That the clerk be instructed to ask the Secretary of the Senate to return a resolution adopted by the House on yesterday, in relation to the employment of parties liable to conscript duty in the civil or military departments of the State, that the same may be reconsidered by this House.

        The House then resumed the consideration of the question pending on adjournment, to wit:

        A bill to be entitled an act better to provide for the families of our soldiers, and resolved itself into committee of the whole.

        Mr. Alcorn in the chair.

        After some time spent therein the committee reported the bill back to the House and asked leave to sit again to-morrow morning at 10 o'clock.

        The Speaker presented the following communication, which was read.

COLUMBUS, MISS., November 23d, 1863.

To the Legislature of the State of Mississippi now in session.

        I desire to withdraw a report made by me as salt agent, to His Excellency Gov. John J. Pettus, which your Honorable body has ordered printed, and which, as I learn, has been sent to Selma. The ground upon which I ask this is that in examining the duplicates which I have, I discovered that I made some serious errors which I desire to correct. The report was made huridly, and hence the mistakes. I hope then that you will allow me to withdraw the report and submit a corrected one.

Respectfully yours,

W. C. TURNER, Salt Agent.



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        On motion of Mr. Bestor,

        The clerk was instructed to hand over said papers to Gen. A. M. West Quartermaster General.

        On motion of Mr. Regan,

        The House adjourned until to-morrow morning at 10 o'clock.

WEDNESDAY, Nov. 25, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Sears.

        Mr. Speaker Houston having been called home by sickness in his family, Hon. James L. Alcorn, of Coahoma county, was elected Speaker pro tem by acclamation.

        Mr. Seal, of Harrison, by leave, introduced the following resolution:

        Resolved, That the committee of Ways and Means be and they are hereby requested to fix a schedule of prices on all freight carried on the Railroads in this State, and also fix the prices for passengers.

        Be it further resolved, That they report a bill on this subject at an early day, making it a misdemeanor on the part of the Railroad companies, their agents or employees, who may charge more than the rates fixed by law, to be punished by both fine and imprisonment, and giving the party aggrieved a remedy at law for all damages sustained by any violation of said act.

        Which was adopted.

        Mr. Regan offered the following resolution:

        Resolved, That the Treasurer be and he is hereby requested to furnish the House with the amount of expenditures for the fiscal year, 1862, and the probable amount of expenditures for the year 1863, and amount of money that may come into the Treasury subject to appropriation for the fiscal year 1863; also, the specific amount of receipts and disbursements for the past two years, stating the source from which received and to what sources the amounts have been paid, also the amount now in the Treasury, together with a statement of the amount and kind of funds now on hand, and should there appear to be a deficiency for the current expenses of the State then he be requested to suggest such subjects of taxation as in his judgment ought to be taxed to receive sufficient revenue for the current expenses of the State.

        Which was adopted.


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        On motion of Mr. Isom,

        The following resolution was adopted:

        Resolved, That the committee on the State University be instructed to report to this House, as soon as practicable, if there are not vacancies in the Board of Trustees of that Institution.

        Mr. Carroll offered a joint resolution entitled

        Resolution for the benefit of our soldiers' families,

        Which was read once.

        Leave of absence was granted Messrs. Downs and Daniel after Friday next.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following entitled bills:

        A Senate bill entitled an act to amend the attachment laws.

        A Senate bill entitled an act to amend the law of divorce and alimony.

        A House bill entitled an act authorizing Sheriffs of the State to receive Confederate Treasury notes in payment of runaway slaves sold, and for other purposes.

        A House bill entitled an act to allow the Sheriffs and Tax Collectors additional time to collect the taxes for the year 1862, in certain cases.

        A House bill entitled an act to authorize Mrs. Maria E. Wadlington, Guardian of the minor children of Douglass S. King, dec'd, to sell slaves belonging to her wards, and for other purposes.

        A House bill entitled an act for the relief of Geo. R. Fall, with an amendment thereto.

        A House bill entitled an act to extend the time of assessing the taxes in this State for the year 1863.

        A House bill entitled an act to amend chapter 8, of the Revised Code, establishing the fees of certain offieers so far as it relates to the Probate Clerks of the counties of Leake and Rankin.

        Also concurred in a House joint resolution inviting the Hon. J. W. C. Watson to address the Legislature at some early day, with an amendment thereto.

        The Senate receded from their amendment to House resolution granting leave of absence to Hon. Tryan M. Yancey.

        The Senate insist on their amendment to House substitute for Senate resolution instructing our Senators and requesting our Representatives in the Confederate States Congress to pass an act making Confederate notes a legal tender.

        And passed a Senate bill entitled an act to legalize the removal of personal property from this State by guardians, executors, administrators, and other trustees, under certain circumstances, and for other purposes."


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        A Senate bill entitled an act to provide for obtaining jurors in the Circuit Courts of this State.

        The President of the Senate has appointed the following named Senators as the joint committee on the Executive Mansion Fund, to-wit: Messrs. Quin, Mayson and Lowry.

        The House then called up the resolution introduced on yesterday in relation to a recess after Saturday next.

        Mr. Lewers moved to lay the resolution on the table, which was decided in the affirmative by yeas and nays called for by Messrs. Seal of Harrison, Stephens and Rogers, as follows, to-wit:

        YEAS--Messrs. Allen, Arnold, Bradford, Boon, Barton, Brown, Clark, Cunningham, Carroll, Downs, Daniel, Eskridge, Fowler, Fox, Foxworth, Falconer, Fort, High, Irby, Kirk, Liddell, Lowry, Lewers, Minter, Moore, Marable, Morehead, Maxwell, Murdock, McLemore, McNiel, Pounds, Prewitt, Rogers, Ross, Seal of Harrison, Shelley, Taylor, Upshaw, Wells and Wynne--41.

        NAYS--Mr. Speaker, Messrs. Archer, Bestor, Barnett, Dillard, Evans, Easterling, Gully, Grace, Gray, Hicks, Hooker, Harris, Hathorn, Hendon, Isom, Jackson, Johnson of Wilkinson, Johnson of Tippah, Lott, McKay of Green, McKay of Neshoba, McLaurin, McElroy, Owen, Pope, Powe, Pinson, Regan, Rucks, Robinson, Staples, Seal of Hancock, Sutton, Stubbs of Smith, Stephens, Thompson, Wier and Yandell--39.

        The following message was received from the Senate:

        MR. SPEAKER--

        I am instructed by the Senate to return to the House of Representatives a joint resolution of the House expressing the sense of the Legislature in regard to the appointment of persons under conscript age to a civil or military office in this State, and in accordance with a request made of the Senate on yesterday by the House.

        I am also instructed to inform the House, in answer to their request for the Senate to return to them a House bill entitled "an act to repeal an act entitled an act to prohiblt the distillation of spirits from grain, molasses and sugar, approved January 3d, 1863, and for other purposes," that said bill has been finally disposed of by the Senate and is not in their possession.

        Mr. Irby, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled joint resolution


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and bills, and find the same correctly enrolled and have submitted them to the Governor for his approval and signature:

        Joint resolution instructing our Senators and requesting our Representatives, adopted by the House of Representatives Nov. 9th, 1863, concurred in by the Senate Nov. 17th, 1863.

        An act entitled an act to repeal an act entitled an act to authorize the appointment of two medical commissioners to especially attend to the sick and wounded soldiers from this State in the Confederate army, and for other purposes, approved January 1st, 1863.

        An act entitled an act to suspend the levee tax authorized to be assessed by the Board of Police of the Mississippi River Levee District.

        An act entitled an act to increase the salary of the Probate Judge of Kemper county.

        The House then proceeded to the consideration of the question pending on adjournment on yesterday, "an act better to provide for the families of our soldiers," and, on motion,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Seal, of Harrison, in the chair.

        After some time spent therein,

        The committee rose, reported progress, and asked leave to sit again at 3 o'clock, P. M.

        Leave of absence was granted Mr. Hooker.

        On motion of Mr. Seal, of Harrison,

        The House adjourned till 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        On a call of the roll, no quorum appearing,

        On motion of Mr. Irby,

        The Door-keeper was directed to close the doors.

        The Sergeant-at-Arms was sent for and excused, a number of gentlemen appearing a quorum was present, and the House proceeded to business.

        Mr. Ross moved a reconsideration of the vote by which the resolution for a recess was laid on the table.

        Leave of absence was granted Mr. McElroy.

        The House then resumed the consideration of the question pending on adjournment, and resolved itself into committee of the Whole on an act better to provide for the families of our soldiers,

        Mr. Seal, of Harrison, in the chair.

        After som etime spent therein,

        The committee rose, reported the bill back to the House, with sundry amendments, and recommended its passage.


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        The report was received and agreed to.

        Leave of absence was granted Mr. Easterling after December 1st.

        On motion of Mr. Ross,

        The vote was then taken on his motion to reconsider the vote by which the House this morning laid on the table the motion to take a recess from Saturday, 28th inst., to 11th January, and decided in the affirmative.

        Mr. Upshaw offered the following amendment by way of substitute:

        Resolved, (the Senate concurring,) That the Legislature adjourn sine die on Saturday, the 5th day of December,

        Which was lost.

        Mr. Regan offered the following amendment:

        Strike out all after the word "concurring," and insert "that this Legislature take a recess after Saturday, the 28th inst., to meet again on the last Monday of January, 1864, in the city of Jackson, Mississippi; Provided, that in case of there being danger from any cause, the Governor shall, by proclamation indicate the place for the meeting of the Legislature."

        Which was lost.

        The question was then taken on the adoption of the original resolution, and decided in the negative by yeas and nays called for by Messrs. Upshaw, Rogers and Liddell, as follows, to-wit:

        YEAS--Mr. Speaker, Messrs. Archer, Bestor, Barnett, Dillard, Evans, Easterling, Foxworth, Gully, Grace, Gray, Hicks, Hooker, Harris, Hathorn, High, Hendon, Jackson, Lott, Lowry, Marable, McKay of Green, McKay of Neshoba, McLaurin, McElroy, Owen, Pope, Powe, Pinson, Regan, Rucks, Robinson, Seal of Hancock, Sutton, Stubbs of Smith, Stephens, Thompson and Yandell--38.

        NAYS--Messrs. Allen, Arnold, Bradford, Boon, Barton, Brown, Clark, Cunningham, Carroll, Downs, Daniel, Eskridge Fowler, Fox, Falconer, Fort, Isom, Irby, Johnson of Wilkinson, Kirk, Liddell Lewers, Minter, Morehead, Maxwell, Murdock, McLemore, McNeil, Pounds, Prewitt, Rogers, Ross, Staples, Seal of Harrison, Shelley, Upshaw, Wells, Wier and Wynne--39.

        The resolution was lost.

        On motion of Mr. Rogers,

        The House adjourned until to-morrow morning at 10 o'clock.


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THURSDAY, November 26, 1863.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        Mr. Liddell by leave introduced the following report from the committee on the Lunatic Asylum: MR. SPEAKER--

        Your committee in compliance with the duty imposed upon them, proceed to make the following report on the condition of the Lunatic Asylum:

        We of course, as a committee, have not had the opportunity of visiting the institution, but one of the body did so, and we shall report on information thus obtained, and feel happy to state that it fully sustains the report of the Superintendent. When the Federal forces occupied Jackson in July last, one corps was encamped entirely around the Asylum. Those lawless invaders, as is their custom, made free with every thing which came in their way. The enclosure was utterly destroyed; the garden stripped of every vegetable in season; the hogs and cows carried off, and much damage done otherwise by the thousands who roamed over the grounds like ravenous wolves. Only one spot remained untouched by the sacrilegious hand of Yankee vandalism. We mean the beautiful flower garden in front of the building. planted and cultivated tastefully by the fair hands of the Superintendent's accomplished wife and her maniac band. Not a plant was touched nor a bud was injured. How, or why not, we cannot tell--perhaps a guardian spirit kept constant vigil over the enchanted scene and awed even Yankee depravity into temporary decency. The building itself was injured slightly by our own guns, and as a matter of history, we deem it proper to mention the circumstances. The Federals occupied the cupalo with their signal corps. This was soon perceived by our own men, and at the same time a report reached our commanders that the inmates had been turned out by the enemy and that the building was fully occupied by them. Our guns were at once turned upon it. Three shots took effect, when the superintendent thinking that he perceived the cause of the affair, called on the Federal commander, told him of the state of things, when he promptly withdrew the signal corps, and the firing ceased. The injury was slight and has already been repaired by the Superintendent. The interior of the building was found to be a perfect specimen of neatness, from kitchen to parlor, and from


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basement to cupalo, and the patients give every evidence of a wise and just system of government. They were uniformly neat and clean, though their clothing, in many instances, gave visable marks of dilapidation. The system of government among them is of the paternal character, kind and conciliatory, yet firm and decided, when occasion seemed to demand it. A larger bill of mortality is shown than usual, which is clearly owing to the causes mentioned by the Superintendent in his report, but the most influential. in the opinion of your committee was the battle. The effects of a bombardment of six days on a household of poor, reasonless, demented creatures with weakened constitutions, and just enough of understanding to feel the perfection of fear, may well be imagined.

        Great economy has been observed in the management and expenditure of the institution. The Superintendent as a wise physician early found the injury to his patients from the use of too much meat, and reduced the amount by degrees to half the army supply, filling up the deficiency from his large and well cultivated gardens. This change has benefitted the health of the patients and brought a saving to the establishment of at least five thousand dollars per annum. Much attention is given to a regular system of employment, and the cheerful hum of the spinning wheel is at all times heard in the female part of the house, making all the thread for sewing as also for knitting. All the stockings and socks are made in the institution, as well as every other article of clothing for male and female. The gardens also are cultivated (almost entirely) by the lunatics, and so successful have they been the present year, that the sum of $2600 was realized from the sale of vegetables, and but for the destruction of the Federals, it would have reached the sum of $6000, an amount sufficient to pay the whole negro hire of the establishment. The heart of the Superintendent seems fully in the management of this institution, as he has cheerfully performed the duties of physician, assistant physician and stuart, thus saving about $2,000 in the salaries, board &c., of the two last officers. The Trustees, at the suggestion of the Superintendent, purchased a tract of wood land for the sum of $7,000. This purchase is deemed a judicious one by your committee, as it is known that wood is one of the heaviest items of expense in the vicinity of Jackson, the current price being $20 per cord. The wood on the land would now bring fully double what the tract cost. The institution is sadly in want of clothing and shoes, and but for fortunate purchase made before


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the fall of New Orleans, there would have been much suffering. In regard to the suggestion of the Superintendent that a purchase of cotton be allowed and a trade opened with the enemy, your committee feel much doubt and could scarcely agree with him, as it is a matter in which great abuses would be liable to occur. They rather suggest that the President of the Board of Trustees be requested to open negotiations with some tanner for shoes, and some factory for cloth, and thus do the best we can on our own borders. Your committee think it would be better to make what might seem to be a large appropriation, than to enter into any arrangement with our detested and faithless enemy. Your committee were much pleased with an invention made by the Superintendent for treating a class of patients called "night walkers." It is called a crib bed. It is like a child's crib with a laticed top to shut down on the part containing the bed, so that it can lock. This class of patients suffer much from cold as they sometimes will wander around their rooms all night. This arrangement fully protects them from such suffering, as they cannot, in any way get out of bed.

        In view of the heavy expenses of supplying the necessaries of life, and the fact that heavy purchases will have to be made for clothing &c., your committee are of opinion, that if it is expected to keep up the institution on a respectable footing, it cannot be done for a less sum than $50,000. The amount asked for by the Superintendent is based on the idea of making contraband purchases, and without that arrangement a much larger sum is necessary. For the last two years the sum of $32,000 has just been enough to keep the institution out of debt, with a contingent fund of $5,000, and since that appropriation was made, prices have much more than doubled. Bacon sold at 50 cents per pound, flour at $40 per barrel, beef at 15 to 18 cents per pound. Now bacon is $2,00, flour $100 and beef 40 cents. This shows clearly that a less sum than $50,000 would not be sufficient to supply the establishment at the present exorbitant prices. Your committee recommend that the plan of paying the quarterly allowance in advance, be continued, as cash payments have much reduced the price of every article needed by the institution. We are also of opinion that a contingent fund of $25,000 ought to be created and left at the discretion of the Governor, as was the last. Your committee think that the thanks of the Legislature are due to the Trustees, Secretary, Treasurer and Superintendent for the


Page 225

faithful manner in which they have performed their several duties.

        In conclusion, we trust that the good will of this Legislature will ever hang around those unfortunate creatures like a mantle of charity, "God tempers the wind to the shorn lamb," and since we cannot restore the fleece or temper the wind, let us at least be ever willing to interpose a broad shield against its chilling influences.

        Accompanied by a bill to be entitled an act for the benefit of the Lunatic Asylum.

        The report was received and agreed to.

        The bill read twice under a suspension of the rules.

        On motion of Mr. Bradford,

        The House resolved itself into committee of the whole on said bill, Mr. Bradford in the chair.

        After some time spent therein,

        The committee rose reported the bill back to the House with recommendation that it do pass.

        The report was received and agreed to.

        The bill was then read a third time under a suspension of the rules and passed, the title standing as stated.

        Mr. Irby by leave introduced a bill to be entitled,

        An act to amend an act to aid in strengthening the army of the Confederate States.

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed a substitute to House bill entitled an act for the relief of Tax payers in certain cases, and for other purposes. The said substitute is entitled an act for the relief of Tax payers in certain cases, and for other purposes.

        Have passed a bill entitled an act to punish the offense of harboring or concealing deserters from the Confederate and State service, and for other purposes.

        The Senate passed a House bill entitled an act for the relief of Circuit Judges of this State in certain cases.

        The House then proceeded to the consideration of the bill entitled an act better to provide for the families of our soldiers with the amendments reported by the committee of the whole. Amendments:

        In the 2d sec., 5th line, strike out after the words "in which" "the appropriation of five hundred thousand dollars, made by an act entitled an act better to provide for the families of our soldiers, approved January 3d, 1863, was distributed," and inserting "the military relief tax of 1862, was distributed on the 1st August, 1863."


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        Which was adopted.

        Amend sec. 3, by striking out in 4th line after word "purchase," and insert "supplies and provisions at any place they can be procured on the best terms, and distribute the same."

        Which was adopted.

        Amend sec. 3, insert word "or" after "necessities," add after the word "same," in the amendment just adopted, the words, "as to the commissioner may seem most advantageous to the beneficiaries under this act."

        Which was adopted.

        Amend sec. 10, by striking out in the 8th line, from the word "however," to the word "at" in the 9th line, and insert "that the Boards of Police of the several counties, may within thirty days, or as soon thereafter as practicable, after the passage of this act, hold a meeting and determine thereat, what per centum of the tax herein directed to be levied and collected, may be paid in supplies and provisions needed to meet the current wants of those intended to be benefitted by this law, and in such cases, said Boards shall designate the kinds and quantities of such supplies and provisions into which the per centum fixed upon may be commuted, and shall cause each Tax Collector, and the Commissioners of the several Police Districts, to be furnished with a schedule thereof, and any Tax payer may thereupon, at his election, pay the percentum of his tax determined by the Board of Police as aforesaid in supplies and provisions, provided, that the tax in kind so collected, shall not exceed the distributive share to which each county is entitled under this act.

        Which was adopted.

        Amend sec. 10, by adding after the word "aforesaid," in 8th line, the words, for which services the Auditor shall be allowed the sum of one eighth of one per centum on said tax, payable out of any money in the Treasury, not otherwise appropriated.

        Which was adopted.

        Mr. Fort offered the following amendment:

        Amend sec. 10, 2d line, by inserting the words, "except in the county of Marshall," in which the special tax, levied and collected, shall not exceed fifty per centum on the regular State tax.

        Which was lost.

        Mr. Irby offered the following amendment:

        Amend sec. 10, line 1st, by striking out the words "and fifty," so that it may read one hundred per cent, which was lost by yeas and nays being called for by Messrs. Irby, Gully and Allen.


Page 227

        YEAS--Messrs. Allen, Boon, Clark, Daniel, Foxworth, Falconer, Fort, Gray, Hathorn, Irby, Johnson of Wilkinson, Kirk, Lott, Maxwell, McKay of Green, McLaurin, Owen, Pope, Powe, Pinson, Rucks and Ross--22.

        NAYS--Mr. Speaker, Messrs. Archer, Arnold, Bradford, Bestor, Barton, Brown, Barnett, Cunningham, Carroll, Downs, Dillard, Evans, Easterling, Eskridge, Fowler, Fox, Gully, Grace, Hicks, Harris, High, Hendon, Isom, Johnson of Tippah, Liddell, Lowry, Lewers, Minter, Moore, Marable, Morehead, Murdock, McLemore, McElroy, McNiel, Pounds, Prewitt, Regan, Rogers, Robinson, Staples, Seal of Harrison, Shelley, Sutton, Stubbs of Smith, Stephens, Upshaw, Wells, Wier, Watson, Wynne and Yandell--53.

        Amend sec. 11, by adding after the word "State" in last line, the words, "and for the collection of said tax the Sheriffs of the several counties shall receive the sum of two per cent. on the amount of said tax to be retained out of the same.

        Which was adopted.

        Amend sec. 11, line 2d, after the words "upon the," insert the words "collected of the."

        Which was adopted.

        Mr. Murdock offered the following amendment:

        Amend sec. 11, by adding at end of section: "Provided that county warrants shall not be received for a greater amount than the proportion due said county from the fund."

        Which was adopted.

        Amend sec. 12, by adding after the word "year," in 3d line, "except the counties of Tallahatchie, Jackson, Hinds, Rankin, Scott, Wilkinson, Newton, Calhoun, Leake and Kemper, wherein the Boards of Police are authorized to levy a tax not exceeding three hundred per centum on the State tax."

        Which was adopted.

        Amend sec. 13, by striking out "two and a half," and insert "two." Adopted.

        Strike out sec. (14,) fourteen.

        Which was lost.

        Amend sec. 14, by striking out in 16th line after the word "property," to the word "provided" in the 18th line, and insert the words, "the market price for all articles so impressed."

        Which was adopted.

        Mr. Morehead offered the following amendment.

        Amend sec. 14, by striking out the words "their county," after the words "Board of Police of" in 3d line, and insert the county in which they were unable to make such purchases, which,

        On motion of Mr. Stephens,


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        Was laid on the table.

        Mr. Regan offered the following amendment:

        Amend sec. 14: strike out all after the word "county" in the 3d line.

        Mr. Seal, of Harrison, moved to lay the amendment on the table, which was decided in the affirmative by yeas and nays called for by Messrs. Regan, Carroll and Daniel:

        YEAS--Messrs. Archer, Allen, Arnold, Bradford, Bestor, Boon, Barton, Brown, Cunningham, Dillard, Evans, Eskridge, Fox, Falconer, Gulley, Grace, Harris, Hendon, Isom, Jackson, Johnson of Tippah, Lowry, Lewers, Marable, Morehead, McLaurin, McKay of Green, McLaurin, McElroy, McNiel, Pounds, Powe, Robinson, Staples, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, Stephens, Upshaw, Wier and Watson--43.

        NAYS--Mr. Speaker, Messrs. Barnett, Clark, Carroll, Daniel, Dale, Easterling, Fowler, Foxworth, Fort, Gray, Hicks, Hathorn, Irby, Johnson of Wilkinson, Kirk, Liddell, Lott, Minter, Moore, Maxwell, Murdock, Owen, Pope, Prewitt, Regan, Rucks, Rogers, Ross, Sutton, Taylor, Thompson, Wells, Wynne and Yandell--35.

        The question was then taken on the adoption of the section 14, and decided in the affirmative by yeas and nays called for by Messrs. Regan, Carroll and Fort:

        YEAS--Messrs. Archer, Allen, Arnold, Bradford, Bestor, Boon, Barton, Brown, Cunningham, Downs, Dillard, Evans, Eskridge, Fox, Falconer, Gulley, Grace, Harris, High, Hendon, Isom, Jackson, Johnson of Tippah, Lowry, Lewers, Marable, Morehead, McLemore, McKay of Green, McLaurin, McElroy, McNiel, Pounds, Powe, Robinson, Staples, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, Stephens, Upshaw, Wier and Watson--44.

        NAYS--Mr. Speaker, Messrs. Barnett, Clark, Carroll, Dale, Daniel, Easterling, Fowler, Foxworth, Fort, Gray, Hicks, Hathorn, Irby, Johnson of Wilkinson, Kirk, Liddell, Lott, Minter, Moore, Maxwell, Murdock, Owen, Pope, Pinson, Prewitt, Regan, Rucks, Rogers, Ross, Sutton, Taylor, Thompson, Wells, Wynne and Yandell--36.

        Amend by additional section:

        SEC. 15. Be it further enacted, That in addition to the foregoing appropriation there be and is hereby appropriated an additional sum of two hundred and eighty-nine thousand dollars, out of any money in the Treasury of the State not otherwise appropriated, to be distributed in accordance with the foregoing provisions of this act to the counties hereinafter named, and said appropriation shall be divided between said counties as follows, viz:


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        To the county of Tishomingo, fifty thousand dollars.

        To the county of Tippah, forty thousand dollars.

        To the county of Itawamba, twenty-five thousand dollars.

        To the county of Pontotoc, twenty thousand dollars.

        To the county of Marshall, twenty-five thousand dollars.

        To the county of Lafayette, fifteen thousand dollars.

        To the county of DeSoto, ten thousand dollars.

        To the county of Panola, five thousand dollars.

        To the county of Warren, twenty thousand dollars.

        To the county of Claiborne, twelve thousand dollars.

        To the county of Yazoo, twelve thousand dollars.

        To the county of Hinds, fifteen thousand dollars.

        To the county of Wilkinson, ten thousand dollars.

        To the county of Harrison, five thousand dollars.

        To the county of Jackson, five thousand dollars.

        To the county of Hancock, five thousand dollars.

        To the county of Adams, ten thousand dollars.

        To the county of Calhoun, seven thousand dollars.

        To the county of Washington, three thousand dollars.

        Mr. Liddell offered the following substitute:

        SEC. 15. Be it further enacted, That the Governor is hereby authorized to appoint immediately the commissioners for the counties of Tippah and Tishomingo, as provided for in this act, whose duty it shall be to procure at once the number of indigent persons in said counties, their condition and necessities, and the propable amount which will be required to relieve them over and above their distributive share of the fund created by this act, and report the same without delay to the Auditor of Public Accounts.

        SEC. 16. Be it further enacted, That the sum of seventy-five thousand dollars, or so much thereof as may be found to be necessary, is hereby appropriated and placed at the disposal of the Governor, for the benefit of such indigent persons, to be drawn by said commissioners in such sums as may be found to be necessary, upon the warrant of the Governor upon the Treasurer.

        Leave of absence was granted Messrs. Kirk and Hathorn after Friday.

        The following message was received from the Governor through his Private Secretary:

        EXECUTIVE OFFICE,
Columbus, Nov. 26th, 1863.

        MR. SPEAKER--

        His Excellency, the Governor, has signed and approved the following House bills and resolution entitled:

        An act to increase the salary of the Probate Judge of Kemper county.

        An act to suspend the Levee tax authorized to be assessed


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by the Boards of Police of the Mississippi River Levee District.

        An act to repeal an act entitled an act to authorize the appointment of two medical commissioners to especially attend to the sick and wounded soldiers from the State in the Confederate army, and for other purposes, approved January 1st, 1863.

        Resolution instructing our Senators and requesting our Representatives.

        On motion of Mr. Brown,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The House resumed the consideration of the question pending on adjournment, to-wit: the substitute offered by Mr. Liddell for the additional section 15 reported by the committee of the Whole.

        Mr. Rucks offered the following substitute for the substitute:

        SEC. 15. Be it further enacted, That an additional sum of two hundred and eighty-nine thousand dollars ($289,000) be and the same is hereby appropriated, payable out of the treasury notes issued under the provisions of an act entitled an act authorizing the issuance of treasury notes on behalf of the State, approved January 29th, 1862, the whole of which sum shall be immediately distributed as provided for in the second section of this act.

        Mr. Barnett moved to lay the substitute, and the substitute for the substitute on the table.

        Mr. Stephens called for a division of the question.

        The vote was first taken on laying the substitute for the substitute on the table, and decided in the affirmative.

        The vote was then taken on laying the substitute on the table, and decided in the affirmative.

        Mr. Regan moved that the county of Claiborne be stricken out of the section,

        Which was adopted.

        On motion of Mr. Fowler,

        The county of Washington was stricken out of the section.

        Mr. Cunningham offered the following substitute for section 15:

        SEC.--. Be it further enacted, That any sum in the Treasury not otherwise appropriated, not exceeding the sum of three hundred thousand dollars, be and the same is hereby placed at the disposal of the Governor for the relief of the destitute families in such counties as are not sufficiently provided for


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by the general distribution contemplated in this act; and that the Governor is hereby authorized and requested to appoint and employ competent agents to obtain all the necessary information at as early a day as practicable of the wants of such counties, and that the Governor draw his warrant on the Auditor for such sum as he in his judgment may deem just and equal to such counties.

        Be it further enacted, That the Governor may employ a sufficient number of agents to disburse and distribute the same according to the provisions of this act, and the said agents be required to give bond and sufficient security for the faithful performance of their duties, the Governor allowing and paying just compensation for the same, and that the Governor be requested to make a full report to the next Legislature.

        On motion of Mr. Seal, of Harrison,

        The substitute was laid on the table.

        Mr. Eskridge offered the following substitute, which,

        On motion of Mr. Seal, of Harrison,

        Was laid on the table.

        SEC. 15. Be it further enacted, That the further sum of three hundred thousand dollars be and the same is hereby appropriated for the relief of the indigent families in the border counties of this State, to be drawn from the Treasury of the State upon the warrant of the Governor, in such sums as he may see proper from time to time, as he may require the same, to avoid the suffering which this appropriation is intended to prevent; and that the money herein appropriated may be applied appropriately and according to the necessities of the different counties, the Governor is authorized and required, without delay, in such manner as will most certainly and speedily secure the proper data, proceed to ascertain the relative wants of the several counties, the capacity of said counties to make payment of taxes, and shall apply the appropriation made by this section in such way as in his judgment is most expedient and proper to arrest suffering.

        Mr. Barnett offered to amend the amendment sec. 15, by adding, "to the county of Issaquena, three thousand dollars,"

        Which was adopted.

        On motion,

        The counties of Claiborne and Washington were reinserted in section 15.

        Mr. Watson offered the following substitute:

        SEC. 15. Be it further enacted, That the sum of two hundred thousand dollars be, and is hereby appropriated out of any moneys in the Treasury not otherwise appropriated, to be placed at the disposal of the Governor for the benefit of such of indigent persons hereinbefore provided for, whose wants


Page 232

may not be sufficiently met by the appropriations made by the previous sections of this bill; and the Governor is hereby authorized and requested to adopt such measures as he may deem best calculated to ascertain the counties or persons who may be entitled to relief out of the appropriation made by this section, and in his discretion he is authorized immediately out of this fund to purchase such supplies and provisions as he may think will be needed.

        Mr. Seal, of Harrison, moved to lay the substitute on the table,

        Which motion was lost.

        Mr. Johnson, of Wilkinson, moved to lay the section 15 and the substitute on the table.

        Which was lost.

        Mr. Eskridge offered the following amendment to the substitute:

        Provided, Said sum be appropriated to the counties of Tishomingo, Tippah, Marshall, DeSoto, Warren, Yazoo, Hinds, Washington, Claiborne, Adams, Issaquena and Lafayette,

        Which was lost.

        The vote was then taken on the adoption of the substitute and decided in the affirmative by yeas and nays called for by Messrs. Evans, Gully, and Seal, of Harrison:

        YEAS--Mr. Speaker, Messrs. Archer, Bestor, Boon, Brown, Clark, Cunningham, Downs, Daniel, Easterling, Fox, Foxworth, Fort, Grace, Gray, Hicks, Harris, Hendon, Irby, Jackson, Johnson of Wilkinson, Kirk, Liddell, Lott, Moore, Marable, Morehead, Maxwell, McLemore, McKay of Green, McKay of Neshoba, McLaurin, McElroy, Owen, Pope, Powe, Ross, Robinson, Staples, Sutton, Wells, Watson and Wynne--42.

        NAYS--Messrs. Allen, Arnold, Bradford, Barton, Barnett, Carroll, Dillard, Dale, Evans, Eskridge, Fowler, Gully, High, Isom, Johnson of Tippah, Lowry, Lewers, Minter, Murdock, McNeil, Pounds, Pinson, Prewitt, Regan, Rucks, Rogers, Seal of Harrison, Seal of Hancock, Shelley, Stephens, Thompson, Upshaw, Wier and Yandell--34.

        Amendment from the committee of the Whole:

        Be it further enacted, That whenever the commissioners appointed under this act shall be in doubt as to the right of any applicant to be a beneficiary, he shall consult the Board of Police, if in session, or the President thereof in vacation, and said Board or President shall determine the question; and in all cases, where a party has been declared by the commissioners as not entitled to the benefit of this act, an appeal to the Board of Police may be taken and the decision of said Board shall be conclusive.

        Which was adopted.


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        Mr. Regan offered the following amendment, which was laid on the table:

        Amend by way of additional section--

        SEC. Be it further enacted, That the benefits of this act shall not apply to the families of such soldiers as have deserted, or may hereafter desert from the State or Confederate service, or have fled or may hereafter fly within the Federal lines to avoid service due from them in the present war; Provided, That the families of such soldiers as have been captured as deserters and executed by the military law of the land shall not be included in the provisions of this section.

        Mr. Seal, of Harrison, offered the following amendment by way of additional section:

        Be it further enacted, That when the Governor shall ascertain the number of persons from each county entitled to an appropriation under this act, he may pay over, the amount to the President of the Board of Police in such county, or to the person appointed by the Board of Police to receive the same, so that said sum may be disposed of by the Board of Police as in their opinion they may deem most expedient.

        Which was adopted.

        Mr. Rogers withdrew his motion made on the 24th instant, to reconsider the vote by which the House on that day passed a bill to be entitled an act to authorize the collection of monies loaned by this State to Railroad companies from the Chickasaw School Fund.

        Mr. Irby, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bills, and found the same correctly enrolled and have submitted them to his Excellency, the Governor, for his approval and signature, to-wit:

        A House bill entitled an act to allow the Sheriffs and Tax Collectors additional time to collect the taxes for the year 1862, in certain cases.

        A House bill entitled an act authorizing Sheriffs of the State to receive Confederate Treasury notes in payment of runaway slaves sold, and for other purposes.

        A House bill entitled an act to authorize Mrs. Maria E. Wadlington, Guardian of the minor children of Douglass S. King, dec'd, to sell slaves belonging to her wards, and for other purposes.

        A House bill entitled an act to amend chapter 8, of the Revised Code, establishing the fees of certain offieers so far as it relates to the Probate Clerks of the counties of Leake and Rankin.


Page 234

        A House bill entitled an act to extend the time of assessing the taxes in this State for the year 1863.

        On motion of Mr. Fowler,

        The House adjourned until 10 o'clock to-morrow morning.

FRIDAY, November 27, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        Journal of yesterday was read and approved.

        On motion of Mr. Regan,

        The rules were suspended and Senate messages taken up, and the Senate substitute for House bill entitled an act for the relief of tax payers in certain cases, was taken up,

        And read three several times, the rules being suspended, and passed, the title standing as stated.

        Mr. Watson moved to recommit the bill under consideration on yesterday, to wit: An act better to provide for the families of our soldiers, to a select committee of five.

        Which was lost.

        On motion of Mr. Fox,

        The House reconsidered the vote by which on yesterday it adopted, the amendment offered by Mr. Watson as a substitute for amendment sec. 15, recommended by the committee of the whole.

        Mr. Upshaw moved a reconsideration of the vote by which on yesterday evening the House adopted the amendment, by way of additional section offered by Mr. Seal of Harrison.

        Which was decided in the affirmative.

        Mr. Upshaw moved that the subject matter of sec. 15, amendment reported by committee of the whole, and the substitutes thereto, be referred to a select committee of five.

        The Speaker appointed Messrs. Watson, Regan, McLaurin, Weir and Murdock

        On motion of Mr. Seal, of Harrison,

        The bill under consideration was ordered to be engrossed for a third reading on to-morrow at 10 o'clock.

        Mr. Regan called up the resolution upon which the motion for a reconsideration was made on the 24th inst., to wit:

        The resolution in relation to the employment of persons under conscript age in the military or civil service of the State.

        The House reconsidered the vote by which said resolution was adopted.


Page 235

        Mr. Eskridge moved to amend by adding, nor to those exempt from military service.

        The House then refused to adopt the resolution.

        Mr. Rucks called from the orders of the day, a bill to be entitled an act to incorporate the Alabama and Mississippi Rivers Railroad Company.

        Which was read the second time.

        On motion of Mr. Rucks,

        The rule was suspended, the bill read the third time and passed, the title standing as stated.

        Mr. Downs, by leave, introduced a bill to be entitled

        An act to indemnify the present session of the Legislature, which was read once, and

        On motion of Mr. Isom,

        Was laid on the table.

        Mr. Powe by leave, introduced a joint resolution inviting the Hon. R. W. Walker, Senator elect from the State of Alabama, to address the Legislature and the public, at an early day in this House.

        The rules was suspended and the resolution adopted.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following bills, to wit:

        A bill entitled an act to compensate soldiers in the State service in certain cases.

        A bill entitled an act to repeal an act reducing the salary of the Probate Judge of Rankin county.

        Have also passed House bill entitled an act to incorporate the Southern College of Medical Surgery.

        And have adopted House joint resolution in reference to the President's order removing slaves.

        Mr. Bestor, by leave, introduced a bill to be entitled

        An act to amend chapter 59, article 36, of the Revised Code relating to patrols.

        Was read twice under a suspension of the rules.

        Mr. Yandell offered the following amendment:

        "Except Ministers of the Gospel."

        Which was lost.

        The rules were suspended, the bill read the third time and passed, the title standing as stated.

        Mr. Rogers by leave, called up the special order of Wednesday last, to wit:

        A bill to be entitled an act to encourage enlistments in the army of the Confederate States, and for other purposes.

        Mr. Shelly moved to lay the bill on the table.

        Which was decided in the affirmative by yeas and nays called for by Messrs. Bradford, Rogers and Brown.


Page 236

        YEAS--Mr. Speaker, Messrs. Bestor, Barton, Brown, Barnett, Carroll, Downs, Evans, Gray, Harris, High, Hendon, Jackson, Johnson of Wilkinson, Johnson of Tippah, Kirk, Lott, Moore, Marable, McKay of Green, McKay of Neshoba, McNeil, Pownds, Powe, Pinson, Rogers, Ross, Robinson, Seal of Harrison, Seal of Hancock, Shelley, Sutton, Stubbs of Smith, Wells, Wier and Yandell--36.

        NAYS--Messrs. Archer, Allen, Arnold, Bradford, Boone, Clark, Cunningham, Daniel, Dillard, Eskridge, Fox, Falconer, Fort, Grace, Isom, Irby, Liddell. Lewers, Minter, Maxwell, Murdock, McLemore, McLaurin, McElroy, Prewit, Regan, Rucks, Staples, Stephens, Thompson, Upshaw, Watson and Wynne--33.

        The bill was laid on the table

        Mr. Murdock moved a reconsideration of the vote by which the House this morning passed a bill to be entitled an act to incorporate the Alabama and Mississippi Rivers Railroad Company.

        Mr. Irby, from the committee on Enroled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled joint resolution and bill, found the same correctly enrolled, and have submitted them to his Excellency the Governor, for his approval and signature, to-wit:

        Joint resolution in reference to the President's order removing slaves.

        An act entitled an act, to amend an act, for the relief of Judges of the Circuit Courts of this State in certain cases.

        The following message was received from the Governor through his Private Secretary:

        MR. SPEAKER--

        I am directed by his Excellency the Governor, to transmit to you his message in writing.

EXECUTIVE OFFICE,
Columbus, Nov. 27, 1863.

Gentlemen of the Senate
and House of Representatives:

        I have this day signed a bill entitled an act to authorize the repair of the Mobile and Ohio Railroad between Okalona and Saltillo in this State, and for other purposes.

        I approved the bill, not only on account of the great importance of the proposed extension in a military point of view to the State and the Confederacy, but because of its necessity in conveying provisions and other necessaries for a large number of our people in the Northern and Eastern part of the State, whose property has been destroyed and


Page 237

whose fields have been desolated by the enemy. I shall immediately communicate with the President of the road as to the best means of repairing the road and placing it in running order. I believe it is the duty of the Directory to do this without any assistance or guarantee from the State. Railroads are not chartered for the purpose of granting privlieges and monopolies to a few individuals for their exclusive advantage, but for the benefit of the people, and however few the restraints contained in their charters, they are under obligations and conditions imposed by the common law of the land, which they should not be permitted to disregard. The grant of power to build a Railroad includes the obligation to keep it in repair and use it, and any unreasonable neglect or refusal to do this, as to any part of the road, works a forfeiture of their charters. The danger to the road from the public enemy or any excuse which may be given, are questions to be determined by the courts of the State on the facts as they may be found by a jury. I cannot conceive that the supposed danger of injury from the troops of the State, or of the Confederacy, can affect the question.

        I desire in this connection to call your attention to the complaints which are made against this Railroad of alleged exorbitant charges, both for freight and passengers, and to their recent refusal to transport freight, except upon terms as to risks which they have no right as common carriers to impose. You have the power to investigate these alleged grievances, and if you find them to exist, to provide the proper remedy.

        It is admitted that under the present high prices of labor, of materials and of increased liability on account of the increased value of the property transported, a reasonable advance should be made in their freights, but exorbitant and extortionate charges cannot be permitted. It is an abuse of the franchise, and works a forfeiture of their charter. I have also been informed that some of the Railroads which have issued notes to circulate as money, refuse to take the notes of other Railroads in the State as payment for freight. If such refusing roads, accepted the provisions of the acts of December 1861, and January 1862, such refusal works a forfeiture of their charters. If they did not accept them, the issuance of such notes by them, not only subjects the officers to the penalties against unauthorized banking, but is a misuser, and also works a forfeiture.

        I respectfully recommend that an enquiry be made into the alleged abuses, and that suitable remedies be provided by statutes. I especially call your attention to the proceedings by scire facius and information in nature of quo warranto,


Page 238

that you may declare in what cases they may be issued, and provide for the very probable contingency of a judgement by forfeiture by such statutes as will vest the forfeited property, and privileges in trustees, with power to continue the benefits of the roads to the public. It would be advisable also to give the power to the courts upon the issuance of the writ upon a proper hearing after notice, or at any stage of the proceeding before the final judgement to place the road in the hands of trustees, such disposition to be made by subsequent legislation as justice and the public interest may demand.

CHAS. CLARK,
Governor.


        On motion of Mr. Minter,

        The House adjourned till 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        On a call of the roll a quorum appeared.

        On motion of Mr. Eskridge,

        The House took up the Governor's message transmitted to the House this morning.

        The message was read, and

        On motion of Mr. Seal, of Harrison,

        Was referred to the Judiciary committee.

        The House then proceeded to the consideration of the Senate messages.

        The House concurred in the Senate amendment to House joint resolution setting apart Thursday, 10th December, as a day of fasting humiliation and prayer.

        The House concurred in the Senate amendment to House bill, entitled an act to remove the civil and legal disabilities of Sam B. Jones.

        Senate bill to be entitled an act to authorize and require the Governor to cause to be printed, a sufficient amount of bonds bearing eight per cent. interest, for the purpose of calling in and taking up the Treasury notes, issued by law, for the military defense of the State.

        Was read twice under a suspension of the rules, and referred to the committee of Ways and Means.

        Senate bill to be entitled an act to punish parties making illegal seizures and impressments in this State.

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Senate bill to be entitled an act relative to the establishment of a temporary penitentiary.

        Was read twice under a suspension of the rules, and referred to the committee on the Penitentiary.


Page 239

        Senate bill to be entitled an act to pay Clerks, Inspectors and returning officers of elections of Hancock county, and to increase the per diem of the members of the Board of Police.

        Was read twice under a suspension of the rules.

        Mr. Grace moved to insert the county of Lauderdale in title and body of bill.

        Which was adopted.

        Mr. McElroy moved to insert the county of Newton in title and body of bill.

        Which was adopted.

        The bill read the third time under a suspension of the rules and passed, the title standing as stated.

        Senate bill to be entitled an act to change the time of holding the Probate Court of Lawrence county.

        The bill read three several times under a suspension of the rules and passed, the title standing as stated.

        Senate joint resolutions of confidence &c., were concurred in by the House.

        Senate joint resolution to donate clothing to Herndon Rangers &c., was concurred in by the House.

        Senate joint resolution in regard to Railroads &c., was concurred in by the House.

        Senate bill to be entitled an act to amend the attachement laws &c., was read twice under a suspension of the rules and referred to the Judiciary committee.

        Senate bill to be entitled an act to provide for obtaining jurors in the Circuit Courts of this State.

        Was read twice under suspension of the rules, and referred to the Judiciary committee.

        Senate bill to be entitled an act to legalize the removal of personal property from this State, by Guardians, Executors, Administrators and other Trustees under certain circumstances, and for other purposes.

        Was read twice under suspension of the rules and referred to the Judiciary committee.

        Senate bill to be entitled an act to amend the law of divorces and alimony,

        Was read twice under a suspension of the rules.

        Mr. McElroy offered an amendment by way of substitute, entitled an act to amend article 11 of sec. 4, of chapter 40 of the Revised Code of the State of Mississippi.

        Which was laid on the table.

        The bill was then read the third time and passed, the title standing as stated.

        Senate amendment to House amendment to Senate joint resolution in relation to making Confederate notes a legal tender, in which the House refused to concur.

        The House insisted on its refusal to concur.


Page 240

        The House concurred in the Senate amendment to House joint resolution inviting the Hon. J. W. C. Watson to address the Legislature.

        The House concurred in the Senate amendment to House bill to be entitled an act for the relief of George R. Fall.

        Senate bill to be entitled an act to punish the offense of harboring or concealing deserters from the Confederate States service, and for other purposes,

        Was read twice under a suspension of the rules.

        Mr. Seal, of Harrison, moved the indefinite postponement of the bill, which was decided in the negative by yeas and nays called for by Messrs. Bradford, Allen and Stephens:

        YEAS--Messrs. Foxworth, Pope, Seal of Harrison, Seal of Hancock, and Yandell--5.

        NAYS--Mr. Speaker, Messrs. Archer, Allen, Arnold, Bradford, Bestor, Boon, Barton, Brown, Barnett, Clark, Cunningham, Carroll, Downs, Deason of Jones, Daniel, Dillard, Dale, Evans, Easterling, Eskridge, Fowler, Fox, Falconer, Fort, Grace, Gray, Hicks, Harris, High, Hendon, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lowry, Lewers, Minter, Moore, Marable, Morehead, Murdock, McLemore, McLaurin, McElroy, Owen, Pounds, Pinson, Prewitt, Regan, Rucks, Ross, Robinson, Staples, Shelley, Sutton, Stubbs of Smith, Stephens, Taylor, Thompson, Upshaw, Wells, Wier, Watson and Wynne--69.

        Mr. Johnson, of Wilkinson, offered an amendment by way of substitute entitled "an act to encourage enlistments in the army of the Confederate States, and for other purposes,"

        Which was read.

        Pending which,

        Leave of absence was granted Messrs. Gully and Upshaw.

        The Speaker presented the following communication:

JACKSON, MISS.,
November 21, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        SIR--I have the honor herewith to submit to the House the biennial report of the Trustees of the State Institution for the Blind, and am, sir,

Very respectfully, your obedient servant,

JOHN DUNCAN,
President of the Board of Trustees Miss. State Inst. for the
Blind.


        On motion,

        The report was referred to the committee on the Institution for the Blind.

        On motion of Mr. Isom,

        The House adjourned until to-morrow morning at 10 o'clock.


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SATURDAY, November 28, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Sears.

        Journal of yesterday read and approved.

        Mr. Morehead presented the petition of Wm. M. Haley, Sheriff of Copiah county, which was referred to the committee on Claims without reading.

        Mr. Regan, by leave, called from the orders of the day a Senate bill to be entitled an act for the examination of the offices of the Auditor of Public Accounts and State Treasurer.

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Regan moved a reconsideration of the vote by which on yesterday the House concurred in the "resolutions of confidence, &c.," from the Senate, and,

        On motion of Mr. Eskridge,

        Was made the special order for Monday morning at 10 o'clock.

        Mr. Stephens presented the petition of W. D. McCulloch, Chaplain of the 23d Miss. Regiment, which was referred to the committee on Propositions and Grievances with instructions to report by bill or otherwise.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following entitled bills:

        A bill to be entitled an act to authorize the removal of the records, books and papers belonging to any Court of Record, and for other purposes.

        A bill to be entitled an act for the relief of D. H. Maury.

        A bill to be entitled an act to supply soldiers of the State of Mississippi, either in the State or Confederate service, with shoes and clothing.

        A bill to be entitled an act to amend section 7, Revised Code of the State of Mississippi, so far as the same provides compensation for the State Printer, and for other purposes.

        Also passed a House bill entitled an act to repeal section 5 of an act entitled an act to reduce the county tax of Greene county, approved Dec. 5, 1861.

        The Senate have passed sundry amendments to House bill entitled an act to procure cotton and wool cards, and other articles, for indigent families of soldiers and citizens of the State. There was also an amendment to the title.

        The Senate have also passed a Senate bill entitled an act to to procure salt for the indigent families of soldiers, and for other purposes, approved January 1, 1863.

        The House then proceeded to the consideration of the special order, to-wit:


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        A bill to be entitled an act better to provide for the families of our soldiers.

        On motion of Mr. Watson.

        The bill was recommitted to the select committee of five to which on yesterday was referred the sec. 15 reported by the committee of the Whole and the amendment by way of additional section offered by Mr. Seal of Harrison.

        That committee, through its chairman, Mr. Watson, forthwith reported the bill back to the House with the following amendment by way of additional section:

        SEC.--. Be it further enacted, That the sum of eighty-five thousand dollars, in addition to the appropriations made by the previous sections of this act, be and the same is hereby set apart out of any monies in the Treasury not otherwise appropriated, for the benefit and relief of the persons for whom this act is intended to provide in the counties of Tippah, Tishmingo, Hancock, Harrison and Jackson, the said sum of eighty-five thousand dollars to be divided among the said five mentioned counties in the manner following to-wit:

        To the county of Tippah, thirty thousand dollars.

        To the county of Tishomingo, forty thousand dollars.

        And to the said counties of Harrison, Hancock, and Jackson, the sum of five thousand dollars each, which said amounts shall be immediately drawn out of the Treasury and disbursed in the manner and for the purposes of the said counties respectively, that the appropriations made by the previous section of this act, are to be drawn and disbursed; Provided, however, Should it hereafter appear to the Governor that the said counties of Tippah, Tishomingo, Hancock, Harrison and Jackson will not require for the proper support of the persons therein respectively intended to be aided by this act, their full shares of all the appropriations made to them therein, then and in that event he shall notify in writing the Auditor of Public Accounts of the precise sum which he may be satisfied can be withheld from the said counties respectively, or one or more of them, as unnecessary for the purposes of this act; and thereupon it shall be the duty of the Auditor not to issue his warrant or warrants upon the Treasury for the sum or sums so designated, but the same shall be retained in the Treasury out of the shares respectively to which the said five counties are entitled out of the proceeds of the special tax of one hundred and fifty per cent. by this act hereinbefore imposed; Provided further, That the tax authorized by the 4th section of an act entitled an act better to provide for the families of our soldiers, approved January 3d, 1863, be and is hereby abolished for the future, and that none of the provisions of the said act shall apply to the money appropriated or the tax collected by virtue of this act.


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        Which amendments were adopted.

        The bill was then read the third time and passed, the title standing as stated.

        On motion of Mr. Rogers,

        The House proceeded to the consideration of the special order of Thursday last, and,

        On his motion,

        The House resolved itself into committee of the Whole on the bill to be entitled an act for the relief of the 1st Battalion of Mississippi State Troops, commanded when in service by Maj. Harper,

        Mr. Bradford in the chair.

        After some time spent therein,

        The committee rose, reported the bill back to the House with the recommendation that the bill be referred to the committee on Military Affairs.

        The report of the committe was received and agreed to.

        Mr. Murdock, by leave, introduced a bill to be entitled

        An act for the protection of the persons and property of the citizens of the State of Mississippi,

        Which, without reading, was referred to the Judiciary committee.

        Mr. Rucks introduced a bill to be entitled

        An act to amend the law in relation to the writ of habeas corpus,

        Which, without reading, was referred to the Judiciary committee.

        Mr. Falconer, by leave, introduced a bill to be entitled

        An act to create the office of Historian to the University of Mississippi,

        Which, without reading, was refered to the committee on the State University.

        Mr. Lewers called from the orders of the day an act to be entitled an act for the benefit of the cavalry companies commanded by Capts. Mitchell, Williams and Johnson, which,

        On his motion,

        Was referred to the committee on Military Affairs.

        The joint resolution of the Senate in relation to adjournment on Saturday, 28th inst., was taken up.

        Mr. Allen moved to amend by striking out "Saturday, 28th inst.," and insert "Saturday, 5th inst., next."

        Mr. Liddell moved the indefinite postponement of the resolution and amendment,

        Which was lost.

        On motion of Mr. Seal, of Harrison,

        The resolution and amendment were laid on the table.

        The House then resumed the consideration of the question pending on adjournment yesterday, to-wit:


Page 244

        The substitute offered by Mr. Johnson, of Wilkinson, for the Senate bill to be entitled an act to punish the offense of harboring or concealing deserters from the Confederate and State service, and for other purposes.

        Mr. Johnson, offered the following amendment by way of substitute:

        Amend section 1 by striking out the words "any citizen of this State," and insert the words "any person," in 2d line.

        Amend section 1 by inserting after the word "Mississippi" in the 5th line, the words "or who shall belong to the army of the Confederate States or the State of Mississippi."

        Amend section 3 by inserting after the word "lines," in the 5th line, the words "for the purpose of remaining therein or giving him aid or information."

        Which were adopted.

        Mr. Maxwell offered the following amendment:

        Add at end of section 3 the words "except mothers, wives and sisters,"

        Was laid on the table.

        The vote was then taken on the adoption of the substitute bill as amended, and decided in the affirmative.

        Mr. Rogers offered a substitute for the bill under consideration, which,

        On motion of Mr. Johnson, of Wilkinson,

        Was laid on the table.

        The bill was then read the third time under a suspension of the rules, and passed by yeas and nays called for by Messrs. Maxwell, Stephens and Jackson.

        YEAS--Mr. Speaker, Messrs. Archer, Allen, Arnold, Bradford, Bestor, Boon, Brown, Barnett, Clark, Cunningham, Carroll, Deason of Copiah, Daniel, Dillard, Evans, Easterling, Eskridge, Fowler, Fox, Falconer, Fort, Grace, Harris, High, Hendon, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Liddell, Lott, Lowry, Lewers, Minter, Marable, Morehead, Murdock, McLemore, McKay of Neshoba, McLaurin, McElroy, Owen, Prewitt, Regan, Rucks, Ross, Robinson, Staples, Sutton, Stubbs of Smith, Stephens, Taylor, Thompson, Wells, Wier, Watson, Wynne and Yandell--60.

        NAYS--Messrs. Barton, Gray, Moore, Maxwell, McKay of Green, McNiel, Pounds, Powe, Pinson, Rogers, Seal of Harrison, Seal of Hancock, and Shelley--13.

        Mr. Irby, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled joint resolutions and bills, found the same correctly enrolled and have sub


Page 245

them to his Excellency, the Governor, for his approval and signature, to-wit:

        Joint resolution appointing a day of fasting and prayer.

        Joint resolution granting leave of absence to the Hon. Tryan M. Yancey.

        An act entitled an act to incorporate the Southern College of Medical Surgery.

        An act entitled an act to remove the civil and legal disabilities of Samuel B. Jones, of Sunflower county.

        The following message was received from the Governor through his Private Secretary:

        EXECUTIVE OFFICE,
Columbus, Nov. 26th, 1863.

        MR. SPEAKER--

        His Excellency, the Governor, did, on the 26th inst., sign and approve the following House bills, entitled:

        A House bill entitled an act to extend the time of assessing the taxes in this State for the year 1863.

        A House bill entitled an act to allow the Sheriffs and Tax Collectors additional time to collect the taxes for the year 1862, in certain cases.

        A House bill entitled an act to amend chapter 8, of the Revised Code, establishing the fees of certain offieers so far as it relates to the Probate Clerks of the counties of Leake and Rankin.

        A House bill entitled an act authorizing Sheriffs of the State to receive Confederate Treasury notes in payment of runaway slaves sold, and for other purposes.

        A House bill entitled an act to authorize Mrs. Maria E. Wadlington, Guardian of the minor children of Douglass S. King, dec'd, to sell slaves belonging to her wards, and for other purposes.

        EXECUTIVE OFFICE,
Columbus, Nov. 28, 1863.

        MR. SPEAKER--

        I am instructed by his Excellency, the Governor, to inform the House that he did, on the 27th inst., sign and approve the House bill and resolution entitled:

        An act entitled an act to amend an act for the relief of Judges of the Circuit Courts of this State in certain cases.

        Joint resolution in reference to the President's order removing slaves.

        The said joint resolution was immediately telegraphed to the President.

        On motion of Mr. Murdock,

        The House adjourned until Monday morning, at 10 o'clock.


Page 246

MONDAY, November 30th, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Mr. Evans of the House.

        Journal of Saturday read and approved.

        On motion

        The call of counties was dispensed with.

        Mr. Upshaw gave notice that he would, on to-morrow, introduce a bill to be entitled an act to enable the Police Court of Monroe county to levy a tax for the support of the dependents of soldiers &c. from said county.

        The House then proceeded to the consideration of the special order, to wit.

        The resolutions of confidence &c. from the Senate.

        Mr. Upshaw offered the following substitute:

        Resolved, That we have full confidence in the capacity of the President of the Confederate States, and in his fidelity to our cause, and we pledge ourselves to do all things in our power to further the interest of our bleeding country by upholding the hands of our Chief Executive.

        Mr. Watson moved that the resolution and substitue be referred to a select committee of five.

        Mr. Liddell called for the previous question which was not sustained.

        The vote was then taken on the reference of the resolutions and substitute to a committee of five and decided in the affirmative.

        The Speaker appointed as committee, Messrs. Watson, Thompson, Regan, Liddell and Isom.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following House bills:

        A bill entitled an act for the relief of Cooper & Kimball, State Printers.

        A bill entitled an act to revise and amend an act to extend the time for the collection of taxes of the current fiscal year, approved December 20th, 1861, and for other purposes.

        A bill entitled an act to enable the counties of Lowndes, Oktibbeha and Noxubee, and the city of Columbes, to settle up and close their subscription to the capital stock of the Mobile & Ohio Railroad Company.

        A bill entitled an act to better provide for the familes of our soldiers.

        Passed with amendment.

        The following message was received from the Governor:

        EXECUTIVE OFFICE,
Columbus, November 30th, 1863.

        MR. SPEAKER--

        His Excellency the Governor, did on the 28th inst, s


Page 247

and approve the following House bills and resolutions, entitled,

        An act to remove the civil and legal disabilities of Samuel B. Jones, of Sunflower county.

        An act to incorporate the Southern College of Medicine and Surgery.

        Joint resolution setting apart Thursday, the 10th of December, as a day of fasting, humiliation and prayer.

        Joint resolution granting leave of absence to the Hon. Tryan M. Yancey, of Marshall county.

        On motion of Mr. Upshaw,

        The bill to be entitled an act to organize the army of Mississippi was called up and made the special order for 3 o'clock P. M.

        On motion of Mr. Isom,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The House resolved itself into committee of the whole on the bill to be entitled an act to organize the army of Mississippi.

        Mr. Seal of Harrison, in the chair.

        After sometime spent therein,

        The committee rose, reported the bill back to the House, and asked leave to sit again to-morrow morning at 9 o'clock.

        The report was received and agreed to.

        The following message was received from the Governor through his private Secretary:

        MR. SPEAKER--

        I am instructed by the Governor to deliver to you his message in writing.

EXECUTIVE OFFICE,
Columbus, November 30th, 1863.

Gentlemen of the Senate
and House of Representatives:

        I have the honor to communicate to you the following telegram from the President of the Confederate States, in reply to the resolution passed by you:

RICHMOND, VA., Nov. 28th.

Gov. Chas. Clark, Columbus, Miss.

        Your telegram of yesterday received, Mine to you of the 18th inst., explained the policy and instructiohs of the Government in relation to negro men about to be conscribed by the enemy for service in their army. The action of the Legislature, which you communicated, viewed with the deference, which I feel for that body, leads me to revoke the


Page 248

instructions given, and as we concur in the object to be attained, I have to ask that such action be taken by the State Government, as will better secure the end intended by the instructions I had given.

JEFFERSON DAVIS.


        I respectfully recommend the request contained in it to your earnest consideration.

CHAS. CLARK.


        On motion of Mr. Watson,

        The Senate amendment to House bill to be entitled an act better to provide for the families of our soldiers.

        Was concurred in.

        On motion of Mr. Rogers,

        The House adjourned until to-morrow morning at 9 o'clock.

TUESDAY, Dec. 1, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Sears.

        The journal of yesterday was read and approved.

        On motion of Mr. Brown,

        The regular order of business was suspended in order to allow him to introduce the following joint resolution:

        Resolved, (the Senate concurring) That one thousand copies of the act better to provide for the families of our soldiers, be printed in pamphlet form as soon as signed by the Governor for destribution among the several counties of the State.

        The House then went into committee of the Whole on an act to organize the army of Mississippi.

        Mr. Seal, of Harrison, in the chair.

        After sometime spent therein,

        The committee rose and reported the bill and pending amendments, be referred to a select committee of five, with instructions &c.

        Report was received and agreed to.

        The Speaker appointed as said committee,

        Messrs. Regan, Arnold, Upshaw, Eskridge and Ross.

        On motion of Mr. Watson,

        The regular order of business was suspended.

        Mr. Watson, from the Judiciary committee, made the following reports,

        MR. SPEAKER--

        The Judiciary committee to whom the Senate bill was referred entitled an act to enable the High Court of Errors


Page 249

and Appeals of this State to prevent injustice to suitors, and to correct some of the evils of the present war, have had the same under consideration, and do report in favor of said bill and recommend its passage.

        The report was received and agreed to.

        The rule was suspended, the bill read the third time and passed, the title standing as stated.

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred House bill entitled a bill for the relief of Administrators, Guardians, Trustees &c., in certain cases, and also Senate bill entitled an act to legalize the removal of personal property from this State by Guardians, Executors, Administrators and other Trustees, under certain circumstances, and for other purposes, have had the same under consideration, and have instructed me to report the same back to the House, with a recommendation that the Senate bill be substituted for that of the House and passed.

        The report was received and agreed to.

        The Senate bill reported as a substitute, was read the third time under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred the petition of J. S. Terrel, Sr., and W. A. Trotter, Executors of the last will and testament of J. S. Terrel, Jr., dec'd, have had the same under consideration, and have instructed me to report a bill for the relief of the heirs and distributees of J. S. Terrel, Jr., dec'd, with a recommendation that said bill do pass.

        The report was received and agreed to.

        The bill was read three several times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The committee on the Judiciary beg leave to report a bill entitled an act amendatory of article 6, chapter 3, page 292, of the Revised Code, and for other purposes, and recommend that the same do pass.

        The report was received and agreed to.

        The bill was then read three times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred the petition of E. C. Mosby, of Kemper county, asking permission to distil eighty gallons of whiskey for the use of a sick son, have had the same under consideration, and have instructed me to report the same back to the House, with a request that they be discharged from the further consideration thereof.


Page 250

        The report was received and agreed to.

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred the message of the Governor on the subject of slave impressments in the border counties, have had the same under consideration, and have instructed me to report the same back to the House, with a request that they be discharged from the further consideration thereof. The action already taken upon the subject by this Legislature, together with the prompt and energetic protest of Governor Charles Clark, has had the desired effect, and the impressments have been discontinued. Your committee is of opinion, therefore, that no further consideration of the subject is needed.

        Which report was received and agreed to.

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred the House resolution instructing them to enquire into the constitutionality of allowing soldiers in the field, whether in or out of the State, to vote in all State or county elections, and also the House resolution instructing them to prepare and report to the House, an amendment to the Constitution, authorizing soldiers from this State, in the Confederate or State service, who are qualified electors, to vote in all State elections wherever they may be, have had the same under consideration, and beg leave to submit the following report:

        The elective franchise, being conferred and regulated by the Constitution, can only be exercised at the places and in the manner therein prescribed. The 1st section of the 3d article of the Constitution of the State is as follows:

        "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 preceding 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 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 five months preceding 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."

        From the Constitutional provision, it is most manifest that the Legislature has no power to authorize an election to be held for any office, whether county, district or State, beyond the limits over which the jurisdiction of such officer is to extend.


Page 251

        A qualified elector can only vote for a county, city or town officer, when he is within the county, city or town; for members of Congress, State Senators, Circuit Judges, District Attorneys, when he is within the district for which the election is to be made, and for Governor, Attorney General, Secretary of State, Treasurer and Auditor when he is within the State. When beyond the limits of the the State therefore, all citizens, as the Constitution now stands, must be denied the right of sufferage.

        In obedience to the instructions given the committee on that subject, they have prepared, and herewith report an amendment to the Constitution, which, if adopted, will authorize the Legislature to provide for the voting of qualified electors of the State, who may out of the State, be in the military service of the Confederate States, or of the State at the time of any election, to wit:

        AMENDMENT TO THE CONSTITUTION.

        All soldiers, who may be in the army of this State, or in that of the Confederate States, and who shall be absent from this State at the time of holding any general election therein, if qualified electors in this State, shall be entitled to vote for any State or Confederate officers for whom they could have voted in the county of their residence. The mode and manner of holding the polls to enable them to vote to be prescribed by law. All of which is respectfully submitted.

        The House then proceeded to the consideration of the Senate messages.

        Senate bill to be entitled an act to compensate soldiers in the State service in certain cases.

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Senate bill to be entitled an act to repeal an act reducing the salary of the Probate Judge of Rankin county.

        The bill read three several times under a suspension of the rules and passed, the title standing as stated.

        Senate bill to be entitled an act to supply soldiers of the State of Mississippi, either in the State or Confederate service, with shoes and clothing,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Senate bill to be entitled an act to amend sec. 7, of the Revised Code of the State of Mississippi so far as the same provides compensation for the State printer, and for other purposes.

        The rules were suspended, the bill read the third time and passed, the title standing as stated.

        The committee on Enrolled Bills made the following report:


Page 252

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bills, found the same correctly enrolled and have presented them to his Excellency the Governor for his signature, to wit:

        An act entitled an act to revive and amend an act to extend the time for the collection of the taxes of the current fiscal year, approved December 20th, 1861, and for other purposes.

        An act entitled an act to repeal the fifth section of an act entitled an act to reduce the taxes of Green county, approved December 5th, 1861.

        An act entitled an act for the relief of George R. Fall.

        An act entitled an act for the relief of Cooper & Kimball, State printers.

        Ar act entitled an act to enable the counties of Lowndes, Oktibbeha and Noxubee and the city of Columbus, to settle up and close their subscription to the capital stock of the Mobile and Ohio Railroad Company.

        The following message was received from the Senate through their Secretary, Mr. Porter.

        MR. SPEAKER--

        The Senate adhere to their amendment to House substitute to Senate resolution intsructing our Senators, and requesting our Representatives in the Confederate Congress to pass a law, making Confederate notes a legal tender, and ask a committee of conference thereon.

        Messrs. Simonton, Wilson and Oliver, have been appointed as said committee of conference on the part of the Senate.

        The Senate have concurred in House resolution inviting the Hon. R. W. Walker, of Alabama, to address the Legislature, &c.

        And have concurred in House amendment to Senate resolution entitled a resolution for the relief of certain counties,

        Also, have concurred in House amendment to Senate bill entitled an act to pay Clerks, Inspectors and returning officers of elections of Hancock county, and to increase the per diem of the members of the Board of Police.

        The Senate refuses to concur in the House substitute for Senate bill entitled an act to punish the offense of harboring or concealing deserters from the Confederate and State service, and for other purposes.

        The Senate have passed bills of the following titles:

        An act to enable the Railroad Companies of this State to pay the monies borrowed by them.

        An act to authorize the Treasurer to use the three per cent funds in payment of current expenses of the State.

        An act for the relief of Thomas Harris and James L. Burks of Scott county.


Page 253

        Have also passed the following House bills:

        An act to remove the civil disabilities of Henry B. Luckett, a minor.

        An act to remove the civil disabilities of James H. Matthews, a minor of Marshall county.

        An act to amend an act entitled an act to appropriate fines, forfeitures, licenses and runaway slaves in the county of Jones, approved December 4th, 1861.

        An act for the relief of William C. Nickle, Tax Assessor of Panola county.

        An act to amend an act entitled an act to amend the charter of the city of Jackson, approved August 6, 1861, and an act entitled an act supplemental to an act to amend the charter of the city of Jackson, approved August 6, 1861.

        An act to remove the civil disabilities of Anthony D. Gordon, a minor of Lauderdale county, so far as to render him legally qualified to make a last will and testament.

        An act for the relief of John A. McNiel.

        An act to repeal an act entitled an act to reduce the taxes of Hancock county, and for other purposes, approved December 16, 1861.

        A bill for the relief of the Lunatic Asylum.

        On motion of Mr. Isom,

        The House adjourned till 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Irby moved a reconsideration of the vote by which the House this morning passed the bill entitled an act to amend sec. 7, Revised Code of the State of Mississippi, so far as the same provides compensation for the State Printer, and for other purposes,

        Which was adopted.

        The House then reconsidered the vote by which said bill was read the third time.

        Mr. Falconer offered the following amendment:

        Insert in title after "section 7," the words "chapter 6,"

        Which was adopted.

        Mr. Rogers moved the reference of the bill to the committee on Printing,

        Which was lost.

        Mr. Isom moved its reference to a select committee of five,

        Which was lost.

        Mr. Minter moved to amend by inserting after the words "documents" the words "in a public newspaper,"

        Which was lost.


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        Mr. Falconer moved that the rules be suspended and the bill read the third time,

        Which was lost.

        The House then resumed the consideration of the Senate messages.

        Senate bill to be entitled an act for the relief of D. H. Maury,

        Was read twice under a suspension of the rules.

        Mr. Seal, of Harrison, moved that the bill be referred to the Judiciary committee,

        Which was lost.

        Mr. Seal, of Harrison, offered the following amendment:

        SEC.--. Be it further enacted, That hereafter the person whose slave is executed shall receive pay whether that person be a citizen of this State or not, which,

        On motion,

        Was laid on the table.

        On motion of Mr. Seal, of Harrison,

        The bill was laid on the table.

        Senate bill to be entitled an act to authorize the removal of the records, books and papers belonging to any Court of Record, and for other purposes,

        Was read twice under suspension of the rules, and referred to the committee on Claims.

        Senate bill to be entitled an act to amend an act to procure salt for the indigent families of our soldiers, and for other purposes, approved January 1, 1863,

        Was read twice under a suspension of the rules.

        On motion,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Bradford in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House with the recommendation that it do pass.

        The report was received and agreed to.

        The bill was read three several times under a suspension of the rules and passed, with title standing as stated.

        On motion of Mr. Lewers,

        Mr. Eskridge was added to the committee on the Judiciary.

        The following message was received from the Governor:

        EXECUTIVE OFFICE,
Columbus, Dec. 1, 1863.

        MR. SPEAKER--

        His Excellency, the Governor, has this day signed and approved the following House bills entitled:

        An act for the relief of Messrs. Cooper & Kimball, State Printers.


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        An act to enable the counties of Lowndes, Oktibbeha and Noxubee, and the city of Columbus to settle up and close their subscription to the capital stock of the Mobile and Ohio Railroad Company.

        An act for the relief of George R. Eall.

        An act to repeal section 5 of an act entitled an act to reduce the county taxes of Greene county, approved December 5, 1861.

        An act to revise and amend an act to extend the time for the collection of the taxes of the current fiscal year, approved Dec. 20th, 1861, and for other purposes.

        On motion of Mr. Fox,

        The House adjourned until 9 o'clock to-morrow morning.

WEDNESDAY, Dec. 2, 1863.

        The House met pursuant to adjournment.

        On a call of the roll a quorum appeared.

        Journal of yesterday was read and approved.

        The special committee on the military bill were granted leave to sit during the sessions of the House.

        Call of counties.

        Mr. Upshaw introduced a bill to be entitled

        An act to enable the Police Court of Monroe county to levy a tax for the support of the dependents of soldiers, &c., from said county,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Wells introduced a bill to be entitled

        An act further to provide for soldiers' and other families in the county of Attala,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Bestor introduced a bill to entitled

        An act to incorporate the Meridian Manufacturing Company,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Bestor presented a letter from L. A. Kidd, of Clark county, which was referred, without reading to the committee on Propositions and Grievances.

        Mr. Rucks presented a claim of the Mississippi Lunatic Asylum, &c.,

        Which was referred to the committee on Claims.


Page 256

        Mr. Murdock presented a claim of E. C. Eggleston, Sheriff of Lowndes county,

        Which was referred to the committee on Claims.

        Mr. Watson, by leave, introduced a bill to be entitled

        An act to repeal articles 55 and 56 of section 10, of chapter 35 of Revised Code, which makes void devises and bequests for religious or charitable purposes,

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Mr. Fort, by leave, introduced a joint resolution of thanks to the soldiers of Mississippi, &c.,

        Which was read once.

        Mr. Falconer offered the following amendment:

        Resolved further, That the State pledges herself to her soldiers that those dear ones they have left behind them shall not want whilst Mississippi has it in her power to assist them:

        Which was adopted.

        The rules were then suspended and the resolution adopted.

        Mr. McElroy introduced a bill to be entitled

        An act to appoint general administrators for Lauderdale and Newton counties,

        Was read twice under a suspension of the rules, and referred to the Judiciary committee.

        Mr. McElroy introduced a bill to be entitled

        An act for the relief of the Probate Clerk of Newton county,

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Carroll called up from the orders of the day a joint resolution for the benefit of the families of our soldiers.

        The question was then taken on the adoption of the resolution, and decided in the negative by yeas and nays called for by Messrs. Carroll, Prewitt and Evans.

        YEAS--Mr. Speaker, Messrs. Barton, Brown, Clark, Cunningham, Carroll, Daniel, Dillard, Evans, Fox, Gulley, Grace, Gowan, Harris, Hendon, Irby, Jackson, Lowry, Lewers, Marable, Maxwell, McElroy, Pounds, Prewitt, Seal of Hancock, Shelley, Sutton, Stubbs of Smith, Stephens and Yandell--30.

        NAYS--Messrs. Allen, Bradford, Bestor, Boon, Barnett, Deason of Copiah, Fowler, Foxworth, Falconer, Fort, Gray, High, Isom, Johnson of Wilkinson, Johnson of Tippah, Minter, Morehead, Murdock, McLemore, McKay of Green, McKay of Neshoba, McLaurin, McNiel, Owen, Pinson, Rucks, Rogers, Robinson, Staples, Seal of Harrison, Thompson, Wier and Watson--32.

        The resolution was lost.

        Mr. Lowry, by leave, introduced a joint resolution:


Page 257

        Resolved, (the Senate concurring,) That the Confederate States Senators from the State of Mississippi be instructed, and the Representatives in Congress from this State be requested, to use their best endeavors to have removed all commissaries, paymasters, quartermasters and commandants of posts, and their subalterns, railroad conductors, baggage-masters, express agents, station agents, division and section masters, that are able-bodied men under the age of forty-five years, to be placed into the army in the field, and their places filled with disabled soldiers, or men over the age of forty-five years.

        Which was read once.

        Mr. Gray introduced a bill to be entitled

        An act to authorize the members of the Police Court in Wayne county to discharge the duties of School Commissioners, and for other purposes,

        Which was read three several times, under a suspension of the rules, and passed, the title standing as stated.

        Mr. Johnson, of Wilkinson, by leave, introduced a joint resolution in relation to the publication of the several acts removing civil disabilities,

        Which was read twice and adopted, the rules being suspended.

        Mr. Grace introduced a bill to be entitled

        An act to increase the salary of the Probate Judge of Lauderdale county,

        Which was read twice under a suspension of the rules.

        Mr. Stephens, by leave, introduced a joint resolution in relation to mothers, wives and sisters of our soldiers,

        Which was read once.

        The rules being suspended, the resolution was read the second time and adopted.

        Mr. Powe, by leave, introduced a bill to be entitled

        An act to authorize the Board of Police of Jasper county to correct the levy of the poor tax of said county,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following bills and resolutions:

        A bill entitled an act to amend the law relative to sueing out the writ of habeas corpus.

        Resolution to reply to the circular of Hon. Hugh W. Sheffey and others.

        Have also adopted the following House bills:

        A House bill entitled an act to amend chapter 32 of the Revised Code so far as the same provides for the registration and sale of estrays.


Page 258

        A House bill entitled an act to encourage the manufacture of cotton and wool cards in this State.

        A House bill entitled an act to provide for the redemption of lands sold for taxes, at the office of the Auditor of Public Accounts.

        Mr. Thompson, from the committee of Ways and Means, made the following reports:

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred a bill to be entitled an act for the relief of citizens of DeSoto county whose lands have been illegally sold for taxes for the year 1862, have had the same under consideration and have instructed me to report that in their judgment there is no necessity for the passage of the law, as the existing laws furnish ample remedies for all the grievances complained of, and therefore they recommend that the bill do not pass.

        Report received and agreed to.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred copies of the various fees allowed to Sheriffs and to Clerks of the Circuit and Probate Courts and the Chancery Court, have had the same under consideration and have instructed me to report that inasmuch as they do not think any change should be made in their fee bills, to report no bill on that subject and to ask that the committee be discharged from the further consideration of the same.

        The report was received and agreed to.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred a resolution of this House instructing them to bring in a bill fixing a schedule of prices on all freights carried on the Railroads in this State and also fix the prices for passengers, have instructed me to report the same back to this House with a recommendation that the same be referred to the Judiciary committee to whom has been referred the Governor's message relating to this subject.

        The report was received and agreed to, and the subject referred to the Judiciary committee.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred Senate bill entitled an act to authorize and require the Governor to cause to be prepared and printed a sufficient amount of bonds bearing eight per cent. interest for the purpose of calling in and taking up the treasury notes issued by law for military defense of this State, have had the same under consideration and recommend the same do pass.

        The report was received and agreed to.

        The bill was read the third time and passed, the title standing as stated.


Page 259

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred the report of the Auditor of Public Accounts, have instructed me, in response to a recommendation in said report in relation to salaries of Clerks, &c., to report a bill entitled an act to fix the salary of the Auditor of Public Accounts and other officers, and to recommend that the same do pass.

        The report was received and agreed to.

        The bill reported by the committee was read twice under a suspension of the rules.

        On motion,

        The rules were suspended and the bill read the third time.

        The yeas and nays were called for by Messrs. Bradford, Rucks and Brown on the passage of the bill:

        YEAS--Mr. Speaker, Messrs. Allen, Bestor, Boon, Barnett, Cunningham, Deason of Copiah, Daniel, Dillard, Evans, Falconer, Fort, Gully, Gray, High, Isom, Johnson of Wilkinson, Johnson of Tippah, Morehead, Maxwell, Murdock, McLemore, McLaurin, McElroy, McNeil, Owen, Pounds, Powe, Pinson, Prewitt, Robinson, Seal of Harrison, Sutton, Thompson, Watson and Yandell--36.

        NAYS--Messrs. Bradford, Barton, Brown, Clark, Carroll, Fowler, Fox, Gowan, Harris, Hendon, Irby, Jackson, Lott, Lowry, Minter, Moore, Marable, McKay of Neshoba, Rucks, Rogers, Staples, Seal of Hancock, Shelley, Stubbs of Smith, Stephens, Wells and Wier--27.

        The bill passed, the title standing as stated.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred the report of the Auditor of Public Accounts in relation to the revenues of the State, have instructed me to report a bill entitled an act amendatory of the revenue laws of this State and to recommend that the same do pass.

        The report was received and agreed to.

        The bill was read twice under a suspension of the rules.

        On motion of Mr. Isom,

        The bill was laid on the table, 200 copies ordered to be printed, and made the special order for three o'clock, P. M. on Friday next in committee of the Whole.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred the report of the Auditor of Public Accounts, have had the same under consideration, and in response to that portion of said report which urges upon the Legislature the necessity of of some alteration in the present law for enforcing the collection of taxes on delinquent lands, have instructed me to report a bill to be entitled an act to secure the collection of taxes on delinquent lands and for other purposes, and to recommend that the same do pass.


Page 260

        Received and agreed to.

        The bill was read twice under a suspension of the rules.

        On motion of Mr. Thompson,

        The bill was read the third time and passed, the title standing as stated.

        Mr. Fox, from the committee on the Institution for the Blind, made the following report:

        MR. SPEAKER--

        The joint standing committee on the institution for the Blind direct me to report that in consequence of the Legislature not being held at Jackson, the committee have been unable to visit the institution for the Blind, and to present to the Legislature their own observations of its condition. The regret arising from this circumstance is very much lessened by the full and accurate reports submitted to the committee by the Superintendent and by the Board of Trustees, which reports are herewith submitted to the Legislature as containing a minute and satisfactory statement of affairs, showing great ability and earnestness on the part of the Superintendent, and faithful and competent guardianship by the Board of Trustees.

        The financial condition of the institution merits the approval of the committee. Notwithstanding the diminished value of the currency, and the largely increased price of all commodities, besides some extraordinary expenses to which the committee will hereafter refer. It appears that by strict economy the expenses of the institution have kept within the income, and this, too, without in any great degree impairing the usefulness of the institution or lessening the number of pupils to whom the State has extended the kindly hand of protecting and parental care. At the date of the last biennial report of the Board of Trustees, there was a cash balance on hand of $2,882 27. At the date of the present report the cash balance on hand is $2,506 20, showing a very slight reduction in amount.

        It appears from the reports laid before the committee that since the last biennial report made to the Legislature, the institution was broken up at Jackson, and the pupils had to be removed temporarily to a new asylum. This new home they were enabled to find at Monticello, in Lawrence county where they are at present situated. The committee regret the necessity of their removal, and still more regret the cause which induced it. It appears from the reports laid before the committee, as well as from facts known to several members of the committee, that in the month of May, 1862, the Confederate authorities at Jackson impressed the asylum


Page 261

at Jackson, and many of the articles of furniture belonging to it, for a Hospital, and under orders received, the Superintendent and pupils were compelled to remove or else enter into a conflict with the military authorities who issued the orders. They adopted the first alternative and did remove, with many regrets at being compelled to leave their home in so summary a manner. This seizure and impressment was entirely arbitrary, and without warrant of law, and the committee feel bound to protest, in the name of the State, against such an illegal exercise of power. The consequence of breaking up the asylum at Jackson, and the necessity of seeking a new home elsewhere, has been a considerable increase in the expenses of the institution, with diminished comforts and conveniences on the part of the unfortunate blind, the recipients of the donations of the State.

        The Confederate States have paid for the use of the buildings of the institute at Jackson the sum of $1983 38. But as yet no payment has been made for the articles of personal property which were seized, although the Trustees express the belief, that the amount claimed for them will be ultimately paid. The building at Jackson was injured during the bombardment of that place by being struck with shot and shell. But the injuries so sustained were not of a very serious character, and as the Confederate authorities have abandoned the use of it as a hospital, the Trustees in their report announce their intention to remove the pupils back to Jackson, to refit the asylum, and to remain there permanently in the future. The committee respectfully approve their purpose as they believe the pecuniary interests of the State will be promoted by the protection which the occupancy of the building will afford to it, while the comforts of the pupils and the usefulness of the institution will be considerably increased. The Board of Trustees ask a special appropriation of $2,000 to repair and put in proper order the buildings and grounds of the institution, to procure the necessary articles of furniture &c., in lieu of those which were taken, and to defray the expenses of removal. In view of the greatly enhanced price of everything, the committee think the amount asked for is very reasonable, and they recommend its appropriation. The Board of Trustees also ask that the annual appropriation of $6,000 be increased to $8,000. The committee are of opinion that the increase should be made, and believe that the sum will not be more than adequate to the wants of the school, and they accordingly recommend it. In view of the interesting


Page 262

facts contained in the reports of the Board of Trustees and of the Superintendent, the committee recommend that five hundred copies of each be printed for the use of the Legislature. The committee have prepared the appropriate bills necessary to carry out the views expressed by them, and recommend that the same do pass. In conclusion the committee beg leave to express the conviction that the Legislature of Mississippi will not permit the desolating war which surrounds the State to lessen their sympathy for the interesting, but unfortunate class, whose dreary and melancholly life, enlightened and christian philanthropy in Europe and America, has assayed, and not in vain, to render hopeful and happy, by cultivating the intellect and opening to their view the beauties of science and literature, while they were shut out from enjoying the beauties and grandure of the natural world, the principal inheritance of their more fortunate brothers, all of which is respectfully submitted.

        Which report was received and agreed to.

        The bill read twice under a suspension of the rules.

        On motion of Mr. Falconer,

        The House resolved itself into committee of the Whole.

        Mr. Seal of Harrison in the Chair.

        After some time spent therein,

        The committee rose and recommended its passage.

        The report was received and agreed to.

        The bill was then read the third time and passed, the title standing as stated.

        The joint resolution reported by said committe recommending that 500 copies of report of Trustees of institution for the blind be printed,

        Was read once.

        The Speaker presented a report from the State Treasurer in reply to a resolution of this House asking for information,

        Which was read.

        On motion of Mr. Thompson,

        The report was laid on the table, and 200 copies ordered to be printed.

        Mr. Rucks from the commistee on the Penitentiary made the following report:

        MR. SPEAKER--

        The committee on the Penitentiary to whom was referred the Senate bill entitled an act relative to the establishment of a temporary Penitentiary, have had the same under consideration, and have instructed me to report in favor of said bill and to recommend its passage, as being the best course that can be adopted under the circumstances.

        The report was received and agreed to.


Page 263

        On motion of Mr. Rucks,

        The house resolved itself into a committee of the Whole.

        Mr. Bestor in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House with the recommendation that it do pass.

        The report was received and agreed to.

        The bill was then read a third time under a suspension of the rules and passed, the title standing as stated.

        Mr. Watson moved a reconsideration of the vote by which the House passed this morning a bill to be entitled an act to secure the collection of taxes on delinquent lands, and for other purposes.

        Mr. Wells from the committee on Propositions and Grievances made the following report:

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred the petition of W. S. McKee, Sheriff and Tax Collector of Lafayette county, asking for further time to make his final settlement, have had the same under consideration, and have instructed me to report that a general bill has already passed this House on this subject, they therefore ask to be discharged from the further consideration of this subject.

        The report was received and agreed to.

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred an act to be entitled an act for the relief of J. D. W. Duckworth, Sheriff and Tax Collector of Smith county, have had the same under consideration, and have instructed me to report said bill back to the House with the accompanying amendments, and recommend that the bill as amended by the committee do pass.

        Amend 1st section by striking out $990, and inserting in lieu thereof, $1190 28.

        Amend sec. 2, by adding, provided that the said Duckworth shall not be entitled to receive commission on the amount of 3830.

        The report was received and agreed to.

        The amendments were adopted,

        The bill read the third time and passed, the title standing as stated.

        Mr. Upshaw from the committee on military Affairs made the following report:

        MR. SPEAKER--

        The committee on military Affairs to whom was referred a bill entitled an act for the relief of the Mississippi State troops captured and paroled at Vicksburg, have had the


Page 264

same under consideration and have instructed me to recommend that it do pass.

        The report was received and agreed to.

        The rule was suspended, the bill read the third time and passed, the title standing as stated.

        The committee on Enrolled Bills, through Mr. Irby, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bills, found the same correctly enrolled, and have submitted them to his Excellency the Governor, for his approval and signature to wit:

        An act entitled an act to better provide for the families of our soldiers.

        An act entitled an act for the relief of William C. Nickle, Tax Assessor of Panola county.

        An act entitled an act for the relief of John A. McNeil.

        An act entitled an act to amend an act entitled an act to appropriate fines, forfeitures, licences and runaway slaves in the county of Jones, approved December 4th, 1861.

        An act entitled an act to amend an act entitled an act to amend the charter of the City of Jackson, approved August 6th, 1861, and an act entitled an act supplemental to an act to amend the charter of the City of Jackson, approved August 6th, 1861.

        An act entitled an act to repeal an act entitled an act to reduce the taxes of Hancock county, and for other purposes, approved December 16th, 1861.

        An act entitled an act to remove the civil disabilities of Anthony D. Gordon, a minor of Lauderdale county so far as to render him legally qualified to make a last will and testament.

        An act entitled an act to remove the civil disabilities of Henry B. Luckett, a minor.

        An act entitled an act to remove the civil disabilities of James H. Matthews, a minor of Marshall county:

        An act entitled an act for the relief of the Lunatic Asylum.

        On motion of Mr. Seal, of Harrison,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        On a call of the roll no quorum appeared.

        On motion a call of the House was ordered

        The Sergeant-at-arms was instructed to bring in the absent members.


Page 265

        The doorkeeper to close the doors.

        Several gentlemen were brought in and excused.

        The call was suspended.

        Mr. High asked leave to make a report from the committee on County Boundaries

        Which was referred

        The House proceeded to the consideration of Senate messages

        The House refused to concur in the Senate amendment to House bill entitled an act to procure cotton and wool cards for the indigent families of soldiers and the citizens of this State, and for other purposes.

        The House refused to concur in the Senate amendment to the House bill to encourage the manufacture of cotton and wool cards in this State.

        The House concurred in Senate amendments to House bill to be entitled an act to provide for the redemption of lands sold to the State for taxes at the office of the Auditor of Public Accounts, said amendments being to the third, and refused to concur in the amendment to the 4th section.

        The House concurred in Senate joint resolution appointing a select committee to prepare a reply to Hon. Hugh W. Sheffey and others.

        The blank was filed with five and the Speaker appointed as a committee on the part of the House Messrs. Yandell, Watson, Barnett, Thompson and Bradford.

        Senate bill to be entitled an act to amend the law relative to sueing out the writ of habeas corpus, was read twice under a suspension of the rules and referred to the Judiciary committee.

        The Speaker appointed as a committee of Confidence on the part of the House, on the disagreeing votes of the two Houses in relation to joint resolution in reference to instruction to our Senators, and request to our Representatives to pass a law making Confederate notes a legal tender, Messrs. Thompson, Rucks, Murdock, Johnson of Wilkinson and Irby.

        The House concurred in the Senate amendment substituting a new bill for House bill entitled an act to require the destruction of certain bonds, Treasury and cotton notes in the Treasury, entitled an act to provide for the destruction of certain bonds and Treasury notes in the Auditor's and Treasurer's offices and for the registering and destruction of cotton notes,

        The bill was read three several times under a suspension of the rules and passed, the title standing as stated.

        The House insisted on its amendment to the Senate bill to be entitled an act to punish the offence of harboring or


Page 266

concealing deserters from the Confederate and State service, and for other purposes.

        Senate bill to be entitled an act for the relief of Thomas Harris and James L. Burks, of Scott county.

        The bill was then read three times under a suspension of the rules and passed, the title standing as stated.

        Senate bill to be entitled an act to authorize the Treasurer to use the three per cent. fund in payment of the current expenses of the State.

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        The House then proceeded to the orders of the day, and laid on the table a resolution in relation to making Confederate notes a legal tender, also laid on the table a resolution in relation to adjournment.

        Senate bill to be entitled an act to enable the Railroad Companies of this State to pay the monies borrowed by them.

        Was read twice under a suspension of the rules and referred to the Judiciary committee.

        A House bill entitled an act to pay clerks, inspectors and returning officers of elections, and to increase the per diem of members of the Board of Police of Hancock county.

        Was laid on the table.

        House bill to be entitled an act for the relief of the devisees and legatees of John T. Fortson,

        Was taken up and referred to the Judiciary committee.

        A letter was read from the Hon. R. W. Walker declining the invitation to address the Legislature on account of the state of his health and the press of official duties.

        Senate bill to be entitled an act to amend sec. 7, Revised Code of the State of Mississippi so far as the same provides eompensation for the State printer, and for other purposes, was taken from the calendar and,

        On motion of Mr. Gowan,

        Referred to a select committee of five.

        The Speaker appointed as said committee, Messrs. Gowan, Minter, Seal of Harrison, Powe and Morehead.

INTRODUCTION OF BILLS.

        By Mr. Maxwell,

        A bill to be entitled an act for the relief of M. D. Haynes Treasurer of this State.

        Was read twice under a suspension of the rules, and referred to the committee of the Whole.

        Mr. Bradford in the chair.

        After sometime spent therein,

        The committee rose and reported the bill back to the House, with the recommendation that the bill be referred to the committee on Claims.


Page 267

        The report was received and agreed to.

        The bill was referred to the committee on Claims.

        Mr. Lewers introduced a bill to be entitled an act for the relief of soldiers in service of this State or Confederate States,

        Was read twice under a suspension of the rules.

        Mr. Fowler moved to lay the bill on the table.

        Which was lost.

        The bill was then referred to the Judiciary committee.

        Mr. Murdock withdrew his motion to reconsider the vote by which, on the 27th ult., the House passed a bill to incorporate the Alabama and Mississippi rivers Railroad Company.

        Mr[.] Rucks introduced a bill to be entitled an act supplimental to an act entitled an act to incorporate the Alabama and Mississippi rivers Railroad Company.

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        On motion of Mr. Morehead,

        The House adjourned until to-morrow morning at 9 o'clock.

THURSDAY, December 3, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        Journal of yesterday read and approved.

        Mr. Watson, from the Judiciary committee, made the following reports:

        MR. SPEAKER--

        The Judiciary Committee to whom was referred a bill to be entitled an act to provide for obtaining jurors in the Circuit Court, have had the same under consideration, and have instructed me to report the same back to the House, and also a substitute therefor, with the recommendation that the substitute do pass.

        Report was received and agreed to.

        The substitute bill reported by the committee was read three several times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a Senate bill to be entitled an act to enable the Railroad Companies of this State to pay the monies borrowed by them, have had the


Page 268

same under consideration, and have instructed me to report the same back to the House with a recommendation that it do pass.

        The report was received and agreed to.

        The bill was then read the third time under a suspension of the rules.

        Messrs. McNiel, Lewers and Stephens called for the yeas and nays on the passage of the bill:

        YEAS--Mr. Speaker, Messrs. Bradford, Brown, Barnett, Cunningham, Daniel, Fowler, Fox, Falconer, Fort, Gully, Harris, Irby, Jackson, Johnson of Wilkinson, Liddell, Lott, Minter, Maxwell, Murdock, McLemore, Owen, Pope, Pounds, Powe, Rucks, Staples, Seal of Hancock, Wells, Watson and Yandell--31.

        NAYS--Messrs. Allen, Bestor, Boon, Barton, Clark, Carroll, Deason of Copiah, Dillard, Evans, Foxworth, Grace, Gowan, Gray, High, Hendon, Johnson of Tippah, Lowry, Lewers, Moore, Morehead, McKay of Neshoba, McLaurin, McElroy, McNiel, Pinson, Prewitt, Rogers, Robinson, Shelley, Sutton, Stubbs of Smith, Stephens and Wier--33.

        The bill was lost on its final passage.

        MR. SPEAKER--

        The Judiciary committee to whom was referred a bill to be entitled an act to repeal articles 55 and 56, of section 10, of chapter 35, of the revised Code, have had the same under consideration, and have instructed me to recommend that it do pass.

        The report was received and agreed to.

        The bill was read the third time.

        Messrs. Bestor, Bradford and Barton called for the yeas and nays on the final passage of the bill:

        YEAS--Mr. Speaker, Messrs. Allen, Bestor, Boon, Clark, Deason of Copiah, Daniel, Dillard, Evans, Eskridge, Fox, Falconer, Fort, Gowan, Harris, Hendon, Isom, Johnson of Tippah, Lott, Morehead, Maxwell, Murdock, McKay of Neshoba, McLaurin, Owen, Pounds, Powe, Seal of Harrison, Stephens, Thompson, Wells, Wier and Watson--33.

        NAYS--Messrs. Bradford, Barton, Brown, Barnett, Carroll, Fowler, Foxworth, Gulley, Gray, High, Irby, Jackson, Johnson of Wilkinson, Liddell, Lowry, Lewers, Minter, Moore, McLemore, McElroy, Pope, Pinson, Prewitt, Rucks, Rogers, Ross, Robinson, Staples, Shelley, Sutton, Stubbs of Smith, and Yandell--32.

        The bill passed.

        Mr. Irby, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that


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        they have examined the enrolled bill entitled an act to amend chapter thirty-two of the Revised Code so far as the same provides for the registration and sale of estrays, found the same correctly enrolled and have submitted it to his Excellency, the Governor, for his approval and signature.

        The following message was received from the Governor through his private Secretary:

        EXECUTIVE OFFICE,
Columbus, December 3d, 1863.

        MR. SPEAKER--

        His Excellency, the Governor, did, on the 2d inst., sign and approve the following House bills, entitled:

        An act to amend an act entitled an act to amend the charter of the city of Jackson, approved August 6, 1861, and an act entitled an act supplemental to an act to amend the charter of the city of Jackson, approved August 6, 1861.

        An act to repeal an act entitled an act to reduce the taxes of Hancock county, and for other purposes, approved December 16, 1861.

        An act for the benefit of the Lunatic Asylum.

        An act to remove the civil disabilities of James H. Matthews, a minor of Marshall county.

        An act to remove the civil disabilities of Henry B. Luckett, a minor.

        An act for the relief of John A. McNiel.

        An act for the relief of William C. Nickle. Tax Assessor of Panola county.

        An act to amend an act entitled an act to appropriate fines, forfeitures, licenses and runaway slaves in the county of Jones, approved December 4th, 1861.

        An act better to provide for the families of our soldiers.

        An act to remove the civil disabilities of Anthony D. Gordon, a minor of Lauderdale county, so far as to render him legally qualified to make a last will and testament.

        Mr. Watson, from the Judiciary committee, made the following reports:

        MR. SPEAKER--

        The Judiciary committee to whom was referred the Senate bill entitled an act to amend the law relative to sueing out the writ of Habeas Corpus, and also a House bill entitled an act to amend the law in relation to the writ of Habeas Corpus, have had the same under consideration and report herewith a substitute for both of said bills, and recommend its passage.

        The report was received and agreed to.

        The substitute bill reported by the committee was read three several times under a suspension of the rules and passed, the title standing as stated.


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        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a Senate bill to be entitled an act to punish parties making illegal seizures and impressments in this State, have had the same under consideration and they instruct me to report the same back to the House, with accompanying amendments, and recommend that the bill as amended do pass.

        Amend section 4, lines 5 and 6, by striking out the words "or the Confederate States."

        Amend section 5, line 3, by inserting after the word "impressment," the words "under or by virtue of the laws of the State."

        Which was received and agreed to.

        The first amendment striking out the words "or the Confederate States," was adopted.

        Mr. Rucks moved a reconsideration of the vote just taken.

        Pending the discussion of the amendments,

        On motion of Mr. Watson,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The House resumed the consideration of the question pending on adjournment, to-wit: the motion to reconsider the vote adopting the amendments to 4th section reported by the Judiciary committee to a Senate bill to be entitled an act to punish parties making illegal impressments in this State, Mr. Watson being entitled to the floor.

        The question being taken on the reconsideration was decided in the affirmative.

        The question was then taken on the adoption of the amendment to sec. 4, and decided in the negative by yeas and nays as follows:

        YEAS--Messrs. Evans, Eskridge, Falconer, Grace, Harris, High, Hendon, Lewers, Moore, McLaurin, Owen, Powe, Seal of Harrison, Stephens, Upshaw and Watson--16.

        NAYS--Mr. Speaker, Messrs. Allen, Bradford, Bestor, Boon, Barton, Brown, Barnett, Clark, Cunningham, Carroll, Daniel, Dillard, Fowler, Fox, Foxworth, Fort, Gulley, Gowan, Gray, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Lowry, Lott, Minter, Morehead, Maxwell, Murdock, McLemore, McKay of Neshoba, McElroy, McNiel, Pope, Pounds, Pinson, Prewitt, Regan, Rucks, Rogers, Ross, Robinson, Staples, Seal of Hancock, Shelley, Sutton, Stubbs of Smith, Thompson, Wells, Wier and Yandell--54.

        The vote was then taken on the amendment to sec. 5, and decided in the negative.


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        The bill read the third time under a suspension of the rules and passed, the title standing as stated.

        On motion of Mr. Upshaw,

        The rules were suspended and Mr. Watson made a report from the special committee appointed on the resolutions of confidence, &c., as a substitute for the resolutions of the Senate entitled resolutions of confidence, &c.

        Mr. Rogers offered a substitute for the resolutions, which,

        On motion of Mr. Bestor,

        Was laid on the table by yeas and nays called for by Messrs. Rucks, Ross and Hendon:

        YEAS--Messrs. Allen, Arnold, Bradford, Bestor, Boon, Brown, Clark, Carroll, Deason of Copiah, Daniel, Dillard, Evans, Fowler, Fox, Foxworth, Falconer, Fort, Gully, Grace, Gowan, Gray, Harris, Hendon, Isom, Jackson, Johnson of Tippah, Liddell, Lowry, Lewers, Minter, Moore, Morehead, Maxwell, Murdock, McLemore, McKay of Neshoba, McLaurin, McElroy, McNiel, Owen, Pounds, Powe, Pinson, Robinson, Staples, Seal of Harrison, Seal of Hancock, Shelley, Sutton, Stubbs of Smith, Stephens, Thompson, Upshaw, Wier and Watson.--55

        NAYS--Mr. Speaker, Messrs. Barton, Barnett, Eskridge, Irby, Johnson of Wilkinson, Lott, Pope, Prewitt, Rucks, Rogers, Ross and Yandell--13.

        The substitute of Mr. Rogers was laid on the table, which is as follows:

        Resolved by the Legislature of the State of Mississippi, That the State of Mississippi considers the Federal Union, upon the terms and for the purposes specified in the Constitution of the Confederate States, as conducive to the liberty and happiness of the several States. That she does now unequivocally declare her attachment to that Union and its compact agreeable to its obvious and real intention, and will be among the last to disturb its harmony or seek its dissolution, and this Legislature now declares renewed assurances of the faith of the people of Mississippi in the justice of their cause and their determination unabated to sustain to the uttermost the principles that led to their separation from the United States and the establishment of the Confederate Government.

        2. That although in the pending gigantic war the brilliant success of our arms have not been without reverses, yet we repose full confidence in the patriotism, integrity and ability of President Davis to preside at the helm of State, and with the blessing of Heaven, as our chosen leader to conduct us eventually to the triumph of the principles of constitutional liberty for which we are contending.


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        3. That the confidence reposed by Mississippi in the President and the Confederate Government, is accompanied, nevertheless, with a jealous watchfulness for the preservation of her own constitutional rights, and in this view now enunciates some of the fundamental principles of the compact, with a brief reference to enactments by the Confederate Congress, and the exercise of authority by the President and those acting under his appointment, which, if followed up and become fixed as precedents, will lead inevitably to the annihilation of the State Governments, and the creation, upon their ruins, of a general consolidated Government.

        4. That the several States composing the Confederate States of America, are not united on the principle of unlimited submission to their general Government, but that by compact under the style and title of a Constitution for the Confederate States, they constitute a general government for special purposes, delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and whenever the Confederate Government assumes undelegated powers, its acts are unauthoritative, void and of no force; and to this compact each State acceded as a State, and is an integral party; that this government, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its power; but that as in all other cases of compact among parties having no common judge, each party, by the terms of the compact, has a right to judge for itself, as well of infractions as of the mode and manner of redress.

        5. That the Constitution of the Confederate States having delegated to Congress the "power to raise and support armies," did not by this intend the exercise of that power without limit, or so taken as to destroy the force and efficacy of any of the checks and balances provided in the compact, and while that instrument declares the power of Congress to "raise and support armies" it also declares as a distinct proposition "a well regulated militia necessary to the security of a free State," and any law of Congress which practically abrogates an essential power of the State, a power declared by its compact to be essential to its security, is not law but is altogether void and of no force; and while Mississippi, on account of the imperilled condition of the government of her choice, has yielded an acquiescence in the various conscript laws passed by Congress, and thereby


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made it the duty of her people to obey those laws until exonerated by the sovereign power of the State. She protests, nevertheless, that these laws shall not, after the present struggle is ended, be taken as precedents against her, or the power of Congress measured by her acquiescence thereto; and while she yields this assent, she at the same time protests against the exercise of certain implied, other and further powers foreshadowed in said acts, and more particularly those implied in an act entitled "an act to exempt certain persons from military duty," and to repeal an act entitled "an act to exempt certain persons from enrollment for service in the army of the Confederate States," approved October 11, 1862. By the provisions of the act referred to, Congress has exempted from conscription the Judicial and Executive officers of the State government, as also members of the Legislature of the State. Having by direct enactment exercised the power to conscribe the entire military force of the State, Congress in the act referred to has implied the power of conscribing the Executive, Legislative and Judicial power of the State, a construction which goes to the destruction of all the limits prescribed to their power by the Constitution; and the Legislature takes this occasion to express the deliberate opinion that no such constitutional power has been conferred on Congress, nor was there any necessity for the exemption of the Legislative, Executive and Judicial members of the State government from the operations of those laws, because they could never be constitutionally subject to them.

        6. That while the people of the State of Mississippi, for the sake of the ultimate triumph of our arms, will acquiesce in many invasions of their rights and infractions of the Constitution, yet they deem it necessary to put upon record a protest against such acquiescence being considered a precedent for the future action of the Confederate Government or its agents, and accordingly the Legislature feels bound to declare that the tax commonly called a "tax in kind," being a direct tax, palpably violates the provision of the Constitution which declares that no "direct tax shall be laid unless in proportion to the census or enumeration" provided in the constitution; that is, according to the population of the several States, to be enumerated in the census; whereas the direct tax of one-tenth of the produce raised, is a tax not in proportion to the number of inhabitants, but in proportion to the productive industry of the State, whereby it may, and often will happen, that one State will be called on to bear


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more than her relative share of the burdens of the Government.

        7. That the Legislature likewise protest against the acquiescence of the State in the power of impressment claimed by the Confederate Government being used as a precedent in future. The Constitution of the Confederate States provides that "private property shall not be taken for public use without just compensation," and any law which gives the power to the officers of the Confederate Government to impress the property of the citizen without making provision for the payment of just compensation, is unconstitutional and void. It has been repeatedly decided by the Courts of this State, and the law is indisputable, that just compensation means a payment in money of the value of the property seized, and it is contrary to every principle of right that the party seizing the property should be made the judge of its value.

        8. That it is the very essence of free government that the military authority should at all times be held in subjection to the civil power, and accordingly the State of Mississippi, in the Constitution which is binding upon her people and was binding upon her delegates in Congress at the time she became a member of the Confederate States, provides that "the military shall in all cases, and at all times, be in strict subordination to the civil power," and it is the highest duty of a people jealous of their rights to guard against the slightest infraction of a principle so essential to civil liberty and the rights of the people; accordingly this Legislature declares that it is the duty of every officer in the army of the State or Confederate States, abiding in this State, to yield obedience to all process issuing from the courts of this State, and a refusal to do so is an arbitrary and dangerous resistance to the civil power which the Legislature of the State feels called upon to rebuke, and to demand of her Executive to use, if necessary, the whole power of the State to prevent.

        9. That after long years of struggle with the crown of Great Britain, our ancestors wrung from an unwilling monarch the right of themselves and their posterity to the great writ of Habeas Corpus as a shield against arbitrary imprisonment and lawless oppression, and so careful were the framers of our Constitution to guard this right against infraction that they have declared by the terms of the compact that the privilege of the writ of Habeas Corpus shall not be suspended unless when in case of "rebellion or invasion


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the public safety may require it." This power is delegated exclusively to Congress, and it is contrary to the fundamental theory of the compact that a legislative power conferred on Congress can be by it delegated to the President or any other agent; for if Congress can thus delegate its powers it could concentrate in the hands of the Executive all legislative and executive power, and thus create an imperial despotism instead of a regulated constitutional government. The State of Mississippi, therefore, protests against the laws heretofore passed by Congress delegating this power, and against any future laws of Congress conferring upon the President any of the powers vested in Congress, and particularly against conferring upon him the power to suspend the writ of Habeas Corpus at his discretion.

        10. That it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights; that confidence is everywhere the parent of despotism; free government is founded in jealousy and not in confidence; it is jealousy and not confidence which prescribes limited constitutions to bind down those whom we are obliged to trust with power; that our Constitution has accordingly fixed the limits to which, and no farther, our confidence may go; and let the honest advocate of confidence regard the intrusion of authority upon the rights of our people and say if the Constitution has not been wise in fixing limits to the government it created, and whether the representatives of the people would not be faithless to their trust were they to stand by and see those limits broken down.

        11. That a copy of these resolutions be forwarded to each of our Senators and Representatives in Congress, and that the former be instructed, and the latter requested, to regard them as a basis of future action upon the points suggested.

        The vote was then taken on the adoption of the resolutions reported by the committee and decided in the affirmative.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed bills of the following titles:

        A bill to be entitled an act for the disposition of aliens residing within the limits of the State.

        A bill to be entitled an act better to provide for security in criminal offenses.

        Also, a resolution in relation to the Trustees of the Lunatic Asylum, the Institutions of the Blind and Deaf and Dumb.


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        And have passed a house bill entitled an act to amend an act entitled an act to aid in strengthening the army of the Confederate States.

        Mr. Regan, from the select committee to whom the various military bills were referred, made the following report: MR. SPEAKER--

        The special committee to whom was referred the bill entitled an act to organize the army of Mississippi, and the substitutes therefor, and instructions, have had the same under consideration and have instructed me to report a new bill as a substitute, with a recommendation that it do pass.

        The report of the committe was received and agreed to.

        The substitute bill entitled an act to organize the army of Mississippi, was read twice under a suspension of the rules, and made the special order for 12 o'clock to-morrow in committee of the Whole.

        Mr. Carroll moved a reconsideration of the vote by which the Senate bill to be entitled an act to enable the Railroad companies of this State to pay the monies borrowed by them, was lost this morning.

        Mr. Cunningham presented a claim of V. M. Humphrey, Clerk of the Circuit Court of Noxubee county, which was referred to the committee on Claims.

        Mr. McElroy, by leave, introduced a bill to be entitled

        An act for the relief of Isham Dansby, which, without reading, was referred to the committee on Public Lands.

        Mr. Yandell introduced a bill to be entitled

        An act to appropriate money for the Soldiers' Home at Lauderdale Springs in this State,

        Was read twice under a suspension of the rules and referred to the committee of Ways and Means.

        Mr. Gowan, from a select committee, made the following report:

        MR. SPEAKER--

        The special select committee to whom was referred a bill entitled an act to repeal section 7, of chap. 6, of the Revised Code, so far as the same provides compensation for the State Printer, and for other purposes, have had the same under consideration and have adopted sundry amendments thereto, and have instructed me to recommend that the same do pass.

        The report was received and agreed to.

        The amendments reported by the committee: Inserting after "section 7," in title, the words "chapter 6;" and inserting the words "under oath" after the word "out," in thirteenth line from top,

        Which were adopted.

        The bill was then read the third time and passed, the title standing as stated.


Page 277

        Mr. Murdock, by leave, introduced a bill to be entitled

        An act to authorize Narcissa L. Barksdale to emancipate her slave John,

        Which was read three several times, under a suspension of the rules, and passed, the title standing as stated.

        Mr. Jackson, from the committee on the Deaf and Dumb, made the following report:

        MR. SPEAKER--

        The committee on the Deaf and Dumb Asylum have had under consideration the report of the Trustees of that Institution, with the documents accompanying the same, and have instructed me to submit the following report:

        From the report of the Trustees the committee were advised

        1st. That in May, 1862, the buildings, furniture, &c., were seized by the officers of the Confederate Government for Hospital purposes, at which time the Institution was progressing with benefit to its pupils.

        2d. That during the occupation of the Institution as a Hospital, and the occupation of Jackson by the enemy, the buildings, grounds, &c., were much injured; windows and window blinds all gone, doors broken down and destroyed, fencing all burned, much of the weather-boarding torn off, and with the exception of the frames, the buildings were almost entirely destroyed.

        3d. The report of the Trustees also show that the Confederate authorities have been frequently applied to for the rent of the buildings, and pay for furniture, &c., seized and belonging to the Institution, but without success. The Trustees estimate the amount of rent and cost of furniture at near $7,000.

        4th. The report of the Trustees further shows that the sale of property by order of Trustees, after closing the Institution, amount to the sum of $571, which, upon an examination of the vouchers accompanying the report, the committee ascertained to be correct.

        5th. The amount of disbursements on account of the Institution, as shown by the report of the Trustees, and sustained by proper vouchers, from Nov. 1st, 1861, to Oct. 1st, 1863, is $6,727 38, and the amount of receipts in that behalf is also correctly shown to be $7,263 27, leaving a balance in favor of the Institution of receipts over imbursements of $535 89, while the outstanding debts of the Institution, due and unpaid, amount to $1,575 05.

        6th. After the buildings of the Institution were occupied as above stated, the Trustees informed your committee that they sent the pupils to their respective homes, with the exception of three who were orphans and dependent on the charity of the State for their education and support. The


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Trustees ask that the Legislature advise them of the disposition to be made of these three orphans. The committee, in consideration thereof, have instructed me to suggest that the annual appropriation of seven thousand dollars be placed at the disposal of the Trustees, under the direction of the Governor, for the maintenance and education of the orphans mentioned in this report, and others of this State similarly situated, and for such repairs of the buildings as they may deem necessary and proper, and your committee report a bill for these purposes. Your committee would also recommend that that portion of this report which relates to the occupation of the buildings and use of furniture by the Confederate authorities, be referred to the committee on State and Confederate Relations, with instructions to them to report what action, if any, this Legislature should now take in regard thereto. All of which is respectfully submitted.

        The report was received and agreed to.

        Leave of absence was granted Messrs. Liddell, Evans, Eskridge and Robinson.

        On motion of Mr. Brown,

        The House adjourned until to-morrow morning at 9 o'clock.

FRIDAY, December 4, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Coleman.

        Journal of yesterday was read and approved.

        Leave of absence was granted Messrs. Gray, Lowry and Dillard.

        On motion of Mr. Regan,

        The House reconsidered the vote by which on yesterday, the bill to be entitled an act to organize the army of Mississippi, was laid on the table and made the special order for 12 o'clock, and the bill was forthwith taken from the table, and the House resolved itself into committee of the Whole on said bill.

        Mr. Falconer in the chair.

        After sometime spent therein,

        The committee rose and reported progress and asked leave to sit again at 3 o'clock.

        The committee on Enrolled Bills made the following report through Mr. Irby:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that


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they have examined an enrolled bill entitled an act to amend an act entitled an act to aid in strengthenlng the army of the Confederate States, found the same correctly enrolled and have submitted it to his Excellency the Governor, for his approval and signature.

        The following message was received from the Governor

        EXECUTIVE OFFICE,
Columbus, Dec. 4, 1863.

        MR. SPEAKER--

        I am instructed by his Excelleny the Governor, to inform the House that he did, on the 3d inst., sign and approve the following House bill, entitled

        An act to amend chapter thirty-two of the Revised Code, so far as the same provides for the registrations and sale of estrays.

        The following message was received from the Senate:

        A bill entitled an act further to provide for soldiers and other familes in the county of Attala.

        And concurred in the following resolutions, to wit:

        Joint resolution to have public printing done.

        A resolution of thanks to the mothers, wives and daughters of Mississippi.

        A resolution of thanks to the officers and privates of Mississippi.

        The Senate have passed House substitute for Senate bill entitled an act to provide for obtaining jurors in the Circuit Courts of this State.

        The Senate have passed House substitute to Senate bill entitled an act to amend the law relative to suing out the writ of habeas corpus.

        The Senate insists on their amendment to House bill entitled an act to procure cotton and wool cards and other articles for indigent families of soldiers and citizens of the State.

        Also insist on their amendment to House bill entitled an act to encourage the manufacture of cotton and wool cards in this State.

        Also insist on their amendment to House bill entitled an act to provide for the redemption of lands sold to the State for taxes at the office of Public Accounts.

        The Senate refuse to concur in House amendment to Senate bill entitled an act to amend an act to procure salt for the indigent families of soldiers, and for other purposes, approved January 1st, 1863.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following bills and adopted resolutions, to wit:


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        A bill entitled an act for the relief of James Reedy, Sheriff and Tax collector of Holmes county.

        A bill entitled an act to amend the law in relation to the Institution for the Deaf and Dumb.

        A resolution entitled preamble and resolution in relation to the State University.

        Also have passed the following House bills and concurred in the following resolutions, to wit:

        A bill entitled an act making certain appropriations for the State Institution for the Blind.

        A bill entitled an act to authorize the Board of Police of Jasper county to collect the levy of the poor tax of said county.

        A bill entitled an act to enable the Police Court of Monroe county to levy a tax for the support of the dependants of soldiers &c., from said county.

        A bill entitled an act to authorize the members of the Police Court of Wayne county to discharge the duties of School Commissioners, and for other purposes.

        A bill entitled an act to incorporate the Meridian Manufacturing company.

        A bill entitled an act for the relief of the heirs and distributees of J. S. Terrel, Jr., dec'd.

        A bill entitled an act to increase the salary of the Probate Judge of Lauderdale county.

        A bill entitled an act for the relief of the Probate clerk of Newton county.

        The Senate adhere to their refusal to concur to House substitute to Senate bill entitled,

        An act to punish the offense of harboring or concealing deserters from the Confederate and State service, and for other purposes, and ask a committee of conference thereon, and the Senate have appointed, Messrs. Griffin, Hamilton and Quin as said committee on part of the Senate.

        On motion of Mr. Ross,

        The House adjourned till 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Murdock by leave, introduced the following resolutions:

        Resolved, That it is the duty of this Legislature to provide for the organization and discipling of the militia.

        Resolved, That the present system has proven errenous to the people and inefficient in its beneficial results.

        A division being called for, the vote was first taken on the first of said resolutions and decided in the affirmative, yeas and nays called for by Messrs. Regan, Eskridge and Harris.


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        YEAS--Mr. Speaker, Messrs. Allen, Arnold, Bradford, Bestor, Boone, Brown, Barnett, Clark, Cunningham, Deason of Copiah, Daniel, Eskridge, Fox, Falconer, Fort, Grace, Harris, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Lott, Lowry, Lewers, Minter, Morehead, Maxwell, Murdock, McKay of Neshoba, McLaurin, McElroy, McNeil, Owen, Pownds, Powe, Prewit, Regan, Rucks, Staples, Shelley, Sutton, Stubbs of Smith, Stephens, Upshaw, Wells and Watson.--47.

        NAYS--Messrs. Arnold, Barton, Dillard, Evans, Fowler, Foxworth, Gully, Gray, High, Pope, Pinson, Ross, Robinson, Seal of Harrison, Seal of Hancock and Wier--17.

        The second resolution was then withdrawn.

        Mr. Bradford offered the following resolution.

        Resolved, That the times require a more efficient organization of the militia system than the one now in force.

        Pending the discussion the House granted leave of absence to Messrs. Regan, Rucks, Yandell, Stephens and Prewitt.

        On motion of Mr. Upshaw,

        The House adjourned until 9 o'clock to-morrow morning.

SATURDAY, December 5, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Sears.

        On motion of Mr. Seal, of Harrison,

        The reading of the journal was dispensed with.

        Mr. Seal, of Harrison, offered the following resolution:

        Resolved, That hereafter no member shall be allowed to speak longer than five minutes on any subject.

        Which was adopted.

        Leave of absence was granted Mr. Lott on account of sickness.

        Mr. Speaker Houston, having returned, Mr. Alcorn, the Speaker pro tem, thanking the House for their kindness and indulgence retired from the chair.

        On motion of Mr. Seal, of Harrison,

        The thanks of the House were tendered Mr. Alcorn, Speaker pro tem, for, the ability and impartiality with which he has presided over the deliberations of this House.

        Mr. Cunningham by leave, introduced a joint resolution in relation to tax in kind.

        Which was read once.


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        On motion

        The rules were suspended, the resolution read the second time and passed.

        On motion of Mr. Seal, of Harrison,

        The House proceeded to the consideration of Senate messages.

        Senate resolution in relation to the Trustees of the State Lunatic Asylum, the Institutions of the Blind and Deaf and Dumb.

        Were taken up and concurred in.

        Senate bill to be entitled an act for the disposition of aliens residing within the limits of the State of Mississippi,

        Was read twice under a suspension of the rules and referred to the Judiciary committee.

        Senate bill to better provide for security in criminal offences, was read twice under a suspension of the rules and

        On motion of Mr. Seal, of Harrison,

        Referred to the Judiciary committee.

        Senate preamble and resolutions in relation to the State University, was read once, and

        On motion of Mr. Falconer,

        The rules were suspended and the resolutions concurred in.

        Senate bill to be entitled an act to amend the law in relation to the Institution for the Deaf and Dumb,

        Was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Senate bill to be entitled an act for the relief of James Reedy, Sheriff and Tax Collector of Holmes county,

        Was read twice under a suspension of the rules and referred to the committee on Propositions and Grievances.

        The following message was received from the Senate: MR. SPEAKER--

        The Senate have passed the following entitled bills:

        A bill entitled an act to authorize the Board of Police of Jackson county to employ the free negroes of said county in certain cases.

        A bill entitled an act to amend art. 32, sec. 8, of the Revised Code, also,

        A House bill entitled an act for the relief of J. D. W. Duckworth, Sheriff and Tax Collector of Smith county.

        A House bill entitled an act amendatory of article 6, chapter 3, page 292 of the Revised Code, and for other purposes, passed with an amendment

        Messrs. Simonton and Oliver have been excused from acting on the committee of conference on the disagreement of the two Houses on Senate amendment to House substitute to Senate resolution in relation to petitioning Congress to make Confederate money a legal tender, and appointed Messrs. Denis and Luckett in their stead.


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        The House adhere to their refusal to concur in the Senate substitute for House bill to be entitled an act to procure cotton and wool cards &c., and asked for a committee of conference thereon.

        The Speaker appointed as said committee, Messrs. Seal of Harrison, Eskridge, Johnson of Wilkinson, Barnett and Owens.

        The House adhere to their refusal to concur in the Senate amendments to House bill to be entitled an act to encourage the manufacture of cotton and wool cards.

        The House receded from its refusal to concur in Senate amendment to House bill to be entitled an act to provide for the redemption of lands sold to the State for taxes at the office of the Auditor of Public accounts, and concurred in said amendment.

        The House receded from its amendment to Senate bill to he entitled an act to amend an act to procure salt for the indigent families of soldiers, and for other purposes, approved January 1st, 1863.

        The Speaker appointed as a committee of conference on the disagreeing votes of the two Houses, on House substitute for Senate bill to be entitled an act to prevent the offense of harboring or concealing deserters from the Confederate and State service, and for other purposes,

        Messrs. Johnson of Wilkinson, Moore, Irby, Weir and Prewitt.

        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bills, found the same correctly enrolled, and have submitted them to his Excellency the Governor, for his approval and signature, to wit:

        An act entitled an act making certain appropriations for the State Institution for the Blind.

        An act entitled an act to amend the law relative to sueing out the writ of habeas corpus.

        An act entitled an act to enable the Police Court of Monree county to levy a tax for the support of the dependants of soldiers &c., from said county.

        An act entitled an act to provide for obtaining jurors in the Circuit Courts of this State.

        An act entitled an act for the relief of the Probate Clerks of Newton county.

        An act entitled an act to authorize the members of the Board of Police of Wayne county to discharge the duties of School Commissioners, and for other purposes.

        An act entitled an act to incorporate the Meridian Manufacturing Company.


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        An act entitled an act for the relief of the heirs and distributees of J. S. Terrell, Jr., dec'd.

        An act entitled an act to increase the salary of the Probate Judge of Lauderdale county.

        An act entitled an act to authorize the Board of Police of Jasper county to collect the levy of the Poor Tax of said county.

        An act entitled an act further to provide for soldiers and their families in the county of Attala.

        Also the following joint resolutions, to wit:

        A resolution of thanks to the mothers, wives, sisters and daughters of the State.

        A resolution of thanks &c., and a joint resolution to print a certain act.

        Senate bill to be entitled an act to authorize the Board or Police of Jackson county to employ the free negroes of said county in certain eases.

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Senate bill to be entitled an act to amend article 32, sec. 8, of the Revised Code.

        Which was read twice under a suspension of the rules, and referred to the Judiciary committee.

        A petition of sundry citizens of Chickasaw county was presented by Mr. Moore, on the same subject, referred to the same committee.

        The House concurred in Senate amendment to House bill to be entitled an act amendatory of article 6, chapter 3 page 292, of the Revised Code, and for other purposes.

        On motion of Mr. Thompson,

        The House took up a bill to be entitled an act to secure the collection of taxes on delinquent lands, and for other purposes.

        The vote was reconsidered by which said bill was read the third time and passed, and several amendments there to adopted.

        The rules were suspended, the bill read the third time and passed, the title standing as stated.

        Mr. Carroll called up the motion to reconsider the vote by which the House failed to pass a bill to be entitled an act to enable the Railroad Companies of this State to pay the monies borrowed by them.

        The motion to reconsider was decided in the affirmative.

        The question was taken on the passage of the bill and decided in the affirmative, by yeas and nays called for by Messrs. Rogers, Weir and Sutton.

        YEAS--Messrs. Alcorn, Bradford, Brown, Barnett, Cunningham, Deason of Copiah, Daniel, Eskridge, Fowler, Fox,


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Falconer, Fort, Gully, Harris, Isom, Irby, Jackson, Johnson of Wilkinson, Lott, Lowry, Minter, Morehead, Maxwell, Murdock, McLemore, McLaurin, Owen, Pounds, Powe, Rucks, Ross, Robinson, Staples, Shelley, Thompson, Upshaw, Watson and Yandell.--38

        NAYS--Mr. Speaker, Messrs. Allen, Arnold, Bestor, Boon, Barton, Clark, Carroll, Evans, Foxworth, Gowan, High, Hendon, Johnson of Tippah, Lewers, Moore, McKay of Neshoba, McElroy, McNeil, Pope, Pinson, Prewit, Rogers, Seal of Haancock, Sutton, Stubbs of Smith, Stephens and Weir.--28

        The following message was received from the Governor through his Private Secretary:

        EXECUTIVE OFFICE,
Columbus, Dec. 5th, 1863.

        MR. SPEAKER--

        I am instructed by his Excellency the Governor, to deliver to you his message in writing.

Gentlemen of the Senate
and House of Representatives:

        I respectfully call your attention to the condition of the University of Mississippi. All collegiate exercises have been suspended; the Board of Trustees have not been convened since the passage of the act entitled an act to amend the laws in relation to the State University, approved December 19th, 1861, and in the present state of the country a quorum cannot be conviently assembled. The classification of the Trustees, as required by that act, has not been made, and cannot now be made according to its terms. In the meantime there is no Executive committee or other officer who has legal charge of the property and the cabinets, laboratory and libraries,and the astronimical and philosophical apparatus, all of which are of the most valuable and costly character, are liable to destruction. The exercises of the college will not probably be resumed during the war, and I recommend that the President of the Board be authorized to appoint from the Trustees, an Executive committee to manage the affairs of the University and provide for the preservation of its property, or that the number of Trustees necessary to constitute a quorum be reduced to three, so that a meeting may be had.

        The act of December 19, 1861, should be amended so as to continue the whole board in office, or a new board should be elected.

        Since the adjournment of the last Legislature, a vacancy has been created in the Board of Trustees, by the death of


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the Hon. Cotesworth Pinckney Smith, so long and so honorably connected with that Institution. Sad as have been the inroads which death has made upon our State in the last twelve months, the demise of none of her sons has caused a wider or more heartfelt sorrow. Born upon the soil of Mississippi, devoted heart and soul to her interest, and watching with jealous care over her honor, Judge Smith spent a long and laborous life in her service. In the forum, in the Senate Chamber, and upon the bench he labored with a zeal that knew no weariness, and with a purity of patriotism and a loftiness of purpose that has had few parallels. In every position he occupied, his great talents, his profound erudition, his extensive legal attainments and the unquestioned purity of his character, shed unfading lustre upon the annals of his native State, and when death called him hence, he left none behind him whose names will live longer or be more gratefully enshrined in the hearts of the people.

CHAS. CLARK.


        Mr. Minter offered the following resolution:

        Resolved, (the Senate concurring,) That this Legislature adjourn sine die on Wednesday the 9th inst., at 12 o'clock M.

        Which was adopted.

        Mr. Lowry called up his resolution in relation to Quartermasters, Commissaries &c.

        Mr. Gowan moved to amend by adding postmasters, mail contractors and mail carriers.

        Mr. Bradford moved to amend by inserting the word supernumeraries, before the word commissaries.

        Which was adopted.

        On motion of Mr. Falconer,

        The resolutions and amendments were referred to the committee on Military Affairs.

        Mr. Falconer, by leave, introduced a bill to be entitled

        An act to provide for the punishment of persons falsely representing themselves as Government Agents.

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Rucks introduced a joint resolution to allow time to the Clerk of the House and Secretary of the Senate to bring up the business of the session.

        Which was read twice under a suspension of the rules, and adopted.

        Mr. Gowan by leave introduced a bill to entitled

        An act to repeal an act to prevent hawking and peddling, approved January 23, 1863.

        Was read twice under a suspension of the rules and referred to the committee of Ways and Means.


Page 287

        Mr. Upshaw from the committee on Military Affairs made the following reports:

        MR. SPEAKER--

        The committee on Military Affairs, to whom was referred an act to be entitled an act for the benefit of the Cavalry companies commanded by Captains Mitchell, Williams and Johnson, have had the same under consideration, and have instructed me to recommend that it do not pass.

        Which report was received and agreed to.

        MR. SPEAKER--

        The committee on Military Affairs to whom was referred an act to be entitled an act for the relief of C. E. Murphree, of Coahoma county, have had the same under consideration, and have instructed me to recommend that the same do pass.

        The report was received and agreed to.

        The bill read twice under a suspension of the rules and referred to the committee of the Whole.

        Mr. Thompson in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House with the recommendation that it do pass.

        The report was received and agreed to.

        The bill was then read a third time under a suspension of the rules and passed, the title standing as stated.

        Mr. Arnold by leave, introduced a bill to be entitled

        An act to commute the pay of Registers and Receivers of the several Land Offices in this State.

        Which was read twice under a suspension of the rules and referred to the committee on Public Lands.

        On motion of Mr. Downs,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Seal, of Harrison, moved to take from the table a bill to be entitled an act for the relief of D. H. Maury.

        Which was decided in the affirmative.

        On motion of Mr. Falconor,

        The House resolved itself into committee of the Whole on said bill.

        Mr. Seal of Harrison, in the chair.

        After sometime spent therein,

        The committee rose and reported the bill back to the House, with the recommendation that the bill do not pass.

        Mr. Johnson of Wilkinson, moved that the report be received and agreed to.

        Mr. Seal, of Harison, called for a division of the question.

        The report was received.


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        Mr. Rucks moved that the report be agreed to, which was decided in the negative.

        The bill read the third time and passed, the title standing as stated.

        Mr. Eskridge by leave, introduced a bill to be entitled

        An act to repeal part of article 4, chapter 9, of the Revised Code.

        Which was read twice under a suspension of the rules.

        Mr. Upshaw from the committee on military Affairs made the following report:

        MR. SPEAKER--

        The committee on Military Affairs, to whom was referred an act for the relief of the first battalion of Mississippi State troops, commanded while in service by Major Harper, have had the same under consideration, and have instructed me to present a substitute bill and recommend its passage.

        The report was received and agreed to.

        The substitute bill reported by the committee,

        Was read twice under suspension of the rules, and referred to the committee of the Whole.

        Mr. Brown in the chair

        After some time spent therein,

        The committee rose and reported the bill back to the House with the recommendation that it do pass.

        The report was received and agreed to.

        The rule was suspended, the bill read the third time and passed, the title standing as stated.

        Mr[.] Rucks moved a reconsideration of the vote by which the House this morning passed a Senate bill to be entitled an act to enable the Railroad Companies of this State to pay the monies borrowed by them, and

        On motion of Mr. Rogers,

        The Clerk was instructed to send to the Senate for said bill.

        Mr. Shelley moved that the House adjourn until 7 1-2 o'clock to-night.

        Mr. Rogers moved that the House adjourn until Monday morning.

        Which was lost.

        The question was then taken on the motion to adjourn until 7 1-2 o'clock this evening.

        A division being called for, no quorum appearing, a call of the House was ordered.

        On a call of the roll no quorum appeared.

        On motion,

        The House adjourned until Monday morning, at 9 o'clock.


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MONDAY, December 7th, 1863.

        The House met pursuant to adjournment.

        On motion of Mr. Prewitt,

        The reading of the journal was dispensed with.

        On a call of the roll a quorum appeared.

        Mr. Seal, of Harrison, offered the following resolution:

        Resolved, That the Hon. F. R. Turley, late a Representative from the city of Vicksburg, who now occupies a seat upon this floor, by the unanimous consent of the House, is hereby invested with all the rights and privileges as a member of the House from Vicksburg, so far as the same can be done under the laws and Constitution of the the State, until the general election in October 1865, unless a member is sooner elected from that city, as now prescribed by law.

        Which was adopted.

        Mr. Owen offered the following resolution:

        Resolved, That hereafter no member be allowed to speak more than once on any subject, and that he speak to the subject.

        Mr. Seal, of Harison, moved that the rule requiring one day's notice of motion to change a standing rule of the House be suspended.

        Which was lost.

        On motion of Mr. Rucks,

        The call of the counties was dispensed with.

        Mr. Watson, from the committee on the Judiciary, made the following reports.

        MR. SPEAKER--

        The Judiciary committee, to whom was referred a bill entitled an act for the relief of the families of soldiers of Pontotoc county, and also other bills of a similar character, have had the same under consideration, and herewith report a substitute for all of said bills, and recommend that it do pass.

        The report was received and agreed to.

        The substitute bill to be entitled an act for the relief of the families of soldiers in the counties therein mentioned, and for other purposes,

        Was read twice under a suspension of the rules.

        Mr. Allen moved to amend by inserting, to the county of DeSoto four thousand dollars, (4,000.)

        Which was adopted.

        On motion of Mr. Watson,

        The bill read three several times under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee to whom was referred a bill


Page 290

entitled an act to amend an act entitled an act to amend the charter of the Columbus Life and General Insurance Company, and the Mississippi Mutual Insurance Company, approved January 25th, 1862, have had the same under consideration, and have instructed me to report it back to the House together with a substitute therefore, with the recommendation that the substitute do pass.

        Which report was received and agreed to.

        The substitute bill was read three several times under a suspension of the rules and passed, the title standing as stated.

        The Judiciary committee to whom was referred a Senate bill entitled an act to amend art. 32, sec. 8, of the Revised Code, have had the same under consideration, and have instructed me to report favorably on said bill, and recommend its passage.

        The report was received and agreed to.

        The bill was then read third time under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee have had under consideration a Senate bill to be entitled an act for the disposition of aliens residing within the limits of the State of Mississippi, and have instructed me to report the same back to the House with recommendation that it do pass.

        Report received and agreed to.

        The bill was read third time under a suspension of the rules, and passed, the title standing as stated.

        MR. SPEAKER--

        The Judiciary committee have considered a Senate bill to be entitled an act to better provide for security in criminal offences, and have instructed me to report the same back to the House, with the recommendation that it do not pass.

        The report was received and agreed to.

        MR. SPEAKER--

        The committee on the Judiciary, to whom was referred a bill to be entitled an act for the relief of soldiers in the service of the State or Confederate State, has considered the same, and instructed me to return the bill to the House with a recommendation that it do not pass.

        Mr. Watson moved that the report be received and agreed to.

        Mr. Stephens called for a division of the question.

        The report was received.

        Question on agreeing. The report was agreed to.

        MR. SPEAKER--

        The Judiciary committee to whom was referred several bills entitled an act to amend the attachment laws, have had


Page 291

the same under consideration, and herewith report a substitute therefor, with the recommendation that the same do pass.

        The report was received and agreed to.

        The substitute bill was read twice under a suspension of the rules.

        Mr. Watson moved the indefinite postponement of the bill, which was decided in the affirmative, by yeas and nays being called for by Messrs. Seal of Harrison, Falconer and Gully.

        YEAS--Messrs. Allen, Arnold, Bestor, Boon, Brown, Clark, Cunningham, Daniel, Eskridge, Fowler, Fox, Falconer, Fort, Gully, Grace, High, Hendon, Isom, Irby, Jackson, Johnson of Tippah, Moore, Morehead, Murdock, McLemore, McLaurin, Pounds, Powe, Pinson, Prewitt, Rogers, Staples, Shelley, Sutton, Stubbs of Smith, Thompson, Upshaw, Wells, Wier and Watson.--40.

        NAYS--Mr. Speaker, Messrs. Barton, Barnett, Deason of Copiah, Foxworth, Gowan, Johnson of Wilkinson, Lewers, Minter, Maxwell, McKay of Neshoba, McElroy, McNiel, Ross, Seal of Harrison, Seal of Hancock and Stephens.--17.

        MR. SPEAKER--

        The committee on the Judiciary to whom was referred a bill to be entitled an act to appoint general administrators for Lauderdale and Newton counties, have considered the same, and instructed me to report the same back to the House, with a recommendation that it do pass.

        The report was received and agreed to.

        Mr. Thompson from the committee of Ways and Means made the following reports:

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred a House bill to be entitled an act supplimentary to an act better to provide for the families of our soldiers, approved January 3d, 1863, have had the same under consideration, and instructed me to report the same back to the House with a recommendation that the same do not pass.

        Mr. Thompson moved that the report be received and agreed to.

        Mr. Eskridge called for a division of the question.

        The report was received, question on agreeing.

        On motion of Mr. Murdock,

        The bill was recommitted to the committe of Ways and Means with instructions to report a bill prohibiting the production of cotton beyond a fixed amount.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred House bill to be entitled an act to repeal an act to prevent


Page 292

hawking and peddling, approved January 29th, 1863, have had the same under consideration, and recommend that the same do pass.

        The report was received and agreed to.

        Mr. Seal, of Harison, moved the indefinate postponement of the bill, which was decided in the affirmative, by yeas and nays called for by Messrs. Seal, of Harison, Fowler and Gully.

        YEAS--Mr. Speaker, Messrs. Barton, Brown, Barnett, Clark, Daniel, Eskridge, Fowler, Foxworth, Falconer, Fort, Isom, Irby, Johnson of Wilkinson, Johnson of Tippah, Minter, Morehead, Maxwell, McLemore, McElroy, Owen, Pounds, Powe, Rucks, Rogers, Ross, Seal of Harrison, Wells and Watson--29.

        NAYS--Messrs. Allen, Arnold, Bestor, Boon, Cunningham, Deason of Copiah, Fox, Gulley, Gray, Gowan, High, Hendon, Lewers, Murdock, McKay of Neshoba, McLaurin, McNeil, Pope, Pinson, Prewitt, Staples, Shelley, Sutton, Stubbs of Smith, Stephens, Thompson, Upshaw and Wier.--28.

        Mr. Bestor from the committee on education reported a bill to be entitled an act to amend the laws in relation to the State University.

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. High, from the committee on County Boundaries made the following report:

        MR. SPEAKER--

        The committee on County Boundaries to whom was referred the bill entitled an act to repeal an act to annex a part of Talahatchie county to the county of Sunflower, and for other purposes, have had the same under consideration, and recommend that it do not pass.

        Mr. High moved that the report be received and agreed to.

        Mr. Eskridge called for a division of the question.

        The report was received.

        Question on agreeing. The report was agreed to.

        The following communications were read to the House:

QUARTESMASTER GEN'LS DEP'T. S. M. Columbus, Miss., Dec. 7, 1863.

Hon. L. E. Houston,
Speaker of the House of Representatives:

        DEAR SIR: Major L. Mims, Chief Quartermater for this State, is desirous of securing the active co-operation of the members of the Legislature in his laudable efforts to shield our faithful and gallant soldiers against suffering from cold and inclement weather.


Page 293

        You will therefore please have read for the information of the members the enclosed communication.

I am sir, very respectfully,

A. M. WEST,
Q. M. Gen'l State Mississippi.

OFFICE CHIEF Q. M. FOR MISSISSIPPI,
Enterprise, Miss., Dec. 3d, 1863.

        The members of the Mississippi Legislature are hereby appointed agents of this Department for their respective counties, for the purchase of the following articles:

        Blankets, Carpets, Shoes, Socks, Wool and Leather.

        They will pay the prices paid by the Impressment Commissioners of this State They will send or deliver such purchases as they make to either of the following named officers as may be most convenient, when the whole amount due for their purchases, as well as all expenses incurred, will be promptly paid, viz:

Capt. T. C. McMackin,

Capt. F. C. Englesing,

Capt. S. A. Shortridge,

Capt. G. P. Theobald,

Capt. F. Ingate,

Capt. W. B. Lucas,

Maj. J. W. Anderson,

Maj. W. F. Avent,

A. Q. M. Jackson.

A. Q. M. Brookhaven.

A. Q. M. Canton.

A. Q. M. Enterprise.

A. Q. M. Okolona.

A. Q. M. Macon.

Q. M. Columbus.

Q. M. Oxford.

L. MIMS,


        Maj. and Chief Q. M. for Mississippi.

        The committee on Propositions and Grievances made the following report:

        MR. SPEAKER--

        The standing committee on Propositions and Grievances, to whom was referred an act for the relief of William Beachum, of Itawamba county, have had the same under consideration, and have instructed me to report said bill back to the House, with a recommendation that it do pass.

        Which report was received and agreed to.

        The bill was read the third time and passed, the title standing as stated.

        MR. SPEAKER--

        The committee on Propositions and Grievances, to whom was referred the petition of W. D. McCulloh, Chaplain of the 23d Mississippi Regiment, have had the same under consideration, and have instructed me to report that the case made out by the Petitioner is one of great hardship and gross outrage, and your committee sincerely wish that it was in their power to recommend some plan by which immediate and instantaneous relief might be granted to the petitioner, but the Chancery Courts of the State are the


Page 294

only tribunal, where according to law, the petitioner can have concelled that bond which your committee feel must indeed, under all the circumstances, be now odious and hateful to him. They therefore ask to be discharged from the further consideration of the subject.

        The report was received and agreed to.

        MR. SPEAKER--

        The standing committee on Propositions and Grievances, to whom was referred the complaint and enqury of Jessee Barnett, of Jasper county, have had the same under consideration, and have instructed me to report that in their judgement the Legislature has no power to interfere in his behalf, they therefore ask to be discharged from the further consideration of the subject.

        The report was received and agreed to.

        MR. SPEAKER--

        The standing committee on Propositions and Grievances, to whom was referred a bill to be entitled an act for the relief of James Reedy, Sheriff and Tax collector of Holmes county, have had the same under consideration, and have instructed me to report the bill back to the House with a recommendation that the same do pass

        The report was received and agreed to.

        The bill was then read the third time under a suspension of the rules and passed,

        The title standing as stated.

        Mr. Fox from the committee on Public Lands mand the following reports:

        MR. SPEAKER--

        The committee on Public Lands, to whom was referred a bill to be entitled an act to commute the pay of Registers and Receivers of the several land offices, have had the same under consideration and instructed me to report a substitute for the bill, with a recommendation that the substitute be passed.

        The report was received and agreed to.

        The substitute bill was read three several times under suspension of the rules and passed, the title standing as stated.

        The committee on Public Lands to whom was referred a bill to be entitled an act for the relief of Isham Dansby of Newton county, have had the same under consideration and instructed me to report the bill back to the House, with a recommendation that it be passed.

        The report was received and agreed to.

        The bill was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Murdock from the committee on Claims made the following report:


Page 295

        MR. SPEAKER--

        The committee on Claims to whom was referred the account of A. S. Harmon, have instructed me to report that in its present shape it should not be allowed, and recommend that the claimant have leave to withdraw his said claim.

        The report was received and agreed to.

        The committee on Claims to whom was referred the claim of Thos. Lampley for nine bales of cotton distributed to the poor of Wayne county, have had the same under consideration and recommend that the claimant have leave to withdraw his claim, believing that the Board of Police of said county is the proper party to settle it.

        The committee on Claims to whom was referred the application of William H. Keyes, have had the same under consideration and have instructed me to report that in the judgment of your committee it is inexpedient to grant the relief asked for.

        The committee on Claims to whom was referred a bill to be entitled an act to increase the fees of the sheriff and clerk of probate of Amite County, have instructed me to report the same back to the House with the recommendation that it do not pass.

        Which were received and agreed to.

        On motion of Mr. Murdock Mr. Brown was added to the Committee on Claims.

        Mr. Upshaw, by leave introduced a bill to be entitled an act for the relief of Thomas J. Fortson,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Upshaw by leave introduced a bill to be entitled an act for the relief of John Vernon, sheriff of Monroe county,

        Which was read twice under a suspension of the rules, and referred to the Committee on Claims.

        Mr. Irby, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bills and find the same correctly enrolled, and have presented them to His Excellency the Governor for his approval and signature, to-wit:

        An act entitled an act to provide for the redemption of lands sold to the State for taxes, at the office of the Auditor of Public Accounts.

        An act entitled an act for the relief of J. D. W. Duckworth, sheriff and tax collector of Smith county.

        An act entitled an act amendatory of article six, ch. 3, page 292 of the revised code, and for other purposes.

        The following message was received from the Senate:


Page 296

        MR. SPEAKER--

        The Senate have passed a joint resolution granting leave of absence to James S. Hamm, Judge, &c., and S. M. Meek, District Attorney, &c.

        Also House bills entitled and act to repeal articles 55 and 56 of section 10 of chapt. 35 of the revised code, which make void devisees and bequests for religious and charitable purposes.

        A House bill entitled an act to provide for the punishment of persons falsely representing themselves as government agents.

        A House bill entitled an act to aulhorize Mrs. Narcissa L. Barksdale to emancipate her slave John.

        A House resolution allowing the clerk of the House and secretary of the Senate additional time to bring up the business of the session.

        The Senate consent to a committee of conference on the disrgreement of the two Houses on Senate amendments to House bill entitled an act to procure cotton and wool cards and other articles for indigent families of soldiers and citizens of the State.

        The President has appointed Messrs. Wilson, Oliver and Quin on the part of the Senate.

        The Senate adhere to their amendment to House bill entitled an act to encourage the manufacture of cotton and wool cards in this State, and ask a committee of conference thereon.

        The President appointed Messrs. Moore, Jordan and Hamilton as said committee on the part of the Senate.

        The following message was received from the Governor through his private Secretary:

        EXECUTIVE OFFICE,
Columbus, Dec. 7, 1863.

        MR. SPEAKER--

        I am instructed by His Excellency the Governor, to inform the House that he did, on the 5th inst., sign and approve the following House bills, entitled:

        An act making certain appropriations for the State Institute for the Blind.

        An act to provide for obtaining Jurors in the circuit courts of this State.

        An act to amend the law relative to sueing out the writ of Habeas Corpus.

        An act for the relief of the heirs and distributees of J. S. Terrell, Jr., deceased.

        An act entitled an act to increase the salary of the Probate Judge of Lauderdale county.

        An act entitled an act to authorize the Board of Police of Jasper county to correct the levy of the Poor Tax of said county.


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        An act entitled an act further to provide for soldiers' and other families in the county of Attala.

        An act entitled an act for the relief of the Probate Clerk of Newton county.

        An act entitled an act to authorize the members of the Board of Police of Wayne county to discharge the duties of School Commissioners, and for other purposes.

        An act entitled an act to enable the Police Court of Monroe county to levy a tax for the support of the dependants of soldiers &c., from said county.

        joint resolution to print a certain act.

        A resolution of thanks to the mothers, wives, sisters and daughters of the State.

        Resolution of thanks.

        An act to amend an act entitled an act to aid in strengthening the army of the Confederate States.

        EXECUTIVE OFFICE,
Columbus, December 7th, 1863.

        MR. SPEAKER--

        I am instructed by His Excellency the Governor, to deliver to you his message in writing with the accompanying Bill:

EXECUTIVE OFFICE,
Columbus, December 7th, 1863.

Gentlemen of the House of Representatives:

        I return for your consideration a bill entitled an act "to incorporate the Meridian Manufacturing Company." I cannot approve it because it is without limit of time, and is irrepealable by the Legislature. I shall do all in my power to encourage manufactures and the mechanical arts, and on a proper showing will not refuse charters of incorporation under the 35th chapter of the Revised Code "concerning corporations and associations," and while that statute is in force I can see no necessity for encumbering our laws with special acts for incorporations for small companies.

CHAS. CLARK.


        Mr. Bestor introduced a bill to be entitled

        An act compelling Railroad companies to be responsible for freight and baggage,

        Was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Watson introduced a bill to be entitled

        An act in reference to distillation, &c.,

        Which was referred to the Judiciary committee without reading.

        On motion of Mr. Rucks,

        The bill entitled an act amendatory of the Revenue laws of this State, was called from the table and made the special order for 3 o'clock, P. M.


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        On motion of Mr. Gowan,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        On a call of the roll no quorum appearing, the Sergeant-at-Arms was directed to bring in the absentees.

        The doors being closed, the Sergeant-at-Arms brought in several gentlemen who were severally excused, and the House proceeded to business.

        Mr. Clark introduced the following resolutions:

        WHEREAS, The State Treasurer, in his report of 9th November, failed to make a detailed report such as the law requires, by not giving us the amounts of receipts and disbursements, and the amount of money on hand, and the kinds of funds on hand; and whereas, in said report he acknowledges that there is enough specie on hand to redeem all the military notes due 1st June, 1862; and whereas, this House passed a resolution requesting the Treasurer to report to this House the amount of receipts and disbursements, and the aggregate amount of funds on hand, and especially the amount of each kind of funds; and whereas, in his report in answer to said resolution, he fails to report both the amount and kind of such funds, and says that all the funds on hand is in Confederate, cotton and military notes. Therefore, be it

        Resolved, That the Treasurer be required immediately to report to this House the amount of money that was in the Treasury at the date of his biennial report, dated 9th November, 1863, together with the kinds of money then on hand, showing in detail the amount of Confederate, cotton, State military notes, and coin, making up said aggregate amount.

        The resolutions were adopted.

        Mr. Isom introduced a bill to be entitled

        An act to amend an act authorizing the issuance of treasury notes as advances upon cotton,

        Which was read once.

        The House then proceeded to the consideration of the special order for 3 o'clock, to-wit:

        A bill to be entitled an act amendatory of the Revenue laws of this State,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Upshaw in the chair.

        After some time spent therein,

        The committee rose, reported the bill back to the House with sundry amendments, and recommended that the bill as amended do pass.


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        The report was received.

        Amendments reported by committee of the Whole:

        No. 1. In line 20, after word "exchange," add the words "and 50 cents on every dollar of United States Treasury notes held and owned by any citizen of this State."

        2. Amend line 27 by adding after word "plate," the words "diamonds and jewelry."

        4. In 27th line, after word "plate," strike out the words "kept for use."

        5. In 28th line, after word "piano," strike out the words "kept for use."

        The amendment marked No. 1, was voted on separately and lost.

        The other amendments were adopted.

        The bill was read the third time and passed, the title standing as stated.

        The following message was received from the Senate through their private Secretary:

        MR. SPEAKER--

        The Senate, in answer to the request this day made by the House for the return of a bill entitled an act to enable the Railroad companies in this State to pay the monies borrowed by them, have adopted the following resolution, to-wit:

        Resolved, That in the opinion of the Senate, the bill asked to be returned to the House of Repretentatives, has become a law so far as the two Houses are concerned, and by the Constitution the Senate has no further control over the bill than to cause it to be enrolled and placed in the hands of the enrollment committee for the signature of the President of the Senate and Speaker of the House, and then presented to the Governor for his signature.

        The Senate have passed a substitute to House bill entitled an act to provide an assistant to the Quartermaster General of the State. Said substitute is entitled as follows: An act to provide for the payment of certain informal claims against the State of Mississippi.

        The Senate has adopted the following resolution, in which the concurrence of the House is desired:

        Resolved, (the House concurring,) That the two Houses meet in joint convention, in the Representative Hall, on tomorrow, the 8th inst., at 12 o'clock M., for the purpose of electing a Superintendent and Clerk of the Penitentiary.

        The committee on Enrolled Bills, through Mr. Irby, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined a resolution and bills of the following titles and found them correctly enrolled, to-wit:


Page 300

        An act to repeal articles 55 and 56, of section 10, of chapter 35, of the Revised Code, which make void devises and bequests to religious and charitable purposes.

        An act to authorize Narcissa L. Barksdale to emancipate her slave John.

        Resolution allowing the Clerk of the House of Representatives and the Secretary of the Senate additional time to bring up the business of the session.

        On motion of Mr. Brown,

        The House took a recess until 7½ o'clock to-night.

7½ O'CLOCK, P. M.

        Recess having expired, the House resumed its session.

        On a call of the roll no quorum appeared.

        The doors were ordered to be closed, and the Sergeant-at-Arms ordered to bring in the absent members.

        No quorum appearing,

        The House adjourned until to-morrow morning at 9 o'clock.

TUESDAY, Dec. 8, 1863.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        The journal of yesterday was read and approved.

        On a call of the roll no quorum appeared.

        A call of the House was ordered.

        A quorum appearing, the call of the House was suspended.

        Mr. Shelley, by leave, introduced joint resolutions in relation to putting negroes in the army as cooks, washers, &c.

        On motion of Mr. Eskridge,

        The resolutions were laid on the table.

        Mr. Watson, from the Judiciary committee, reported a bill to be entitled an act to prohibit the distillation of grain, sugar, molasses, and any other substance, in the State of Mississippi, except under the direction and authority of the Governor.

        The report was received and agreed to.

        The bill was read twice under a suspension of the rules.

        On motion of Mr. Houston,

        The report and bill were laid on the table and made the special order for 3 o'clock, P. M.

        On motion of Mr. Seal, of Harrison,


Page 301

        The House took up Senate messages.

        House concurred in Senate joint resolution proposing to go into joint convention at 12 o'clock, on the 8th inst., for the purpose of electing a Superintendent and Clerk of the Penitentiary.

        Senate substitute entitled "an act to provide for the payment of certain informal claims against the State of Mississippi," for House bill entitled "an act to provide an assistant to the Quartermaster General of the State,"

        Was read twice under a suspension of the rules, and referred to the committee on Claims.

        Senate joint resolution granting leave of absence to James S. Hamm, Judge of the Circuit Court of the 6th Judicial District, and Samuel M. Meek, District Attorney of said District, was read once.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed bills and resolutions of the following titles:

        A bill entitled an act for the relief of Robert H. Whitley.

        A bill entitled an act for the relief of the Probate Clerk of Lauderdale county.

        A joint resolution in regard to bills and joint resolutions.

        A bill entitled an act to encourage the manufacturing of wine from the native grape.

        A bill entitled an act to aid in supplying the loss of the records and papers in the Circuit and Chancery Courts of Chickasaw county and for other purposes.

        Also passed a House bill entitled an act to authorize the Probate Clerks in this State to record anew any deeds or other instruments required by law to be recorded, when the records have been lost, mutilated or destroyed, passed with amendments thereto.

        A House bill entitled an act for the relief of the Mississippi State Troops captured at Vicksburg, passed with amendments.

        The committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bill, found the same correctly enrolled, and have submitted it to his Excellency the Governor, for his approval and signature, to wit:

        An act to provide for the punishment of persons falsely representing themselves as Government Agents.

        The House agreed to the request of the Senate asking for a committee of conference on the disagreeing votes of the


Page 302

two Houses on the bill to be entitled an act to encourage the manufacture of cotton and wool cards.

        The Speaker appointed Messrs. Minter, Rucks, Stephens, Eskridge and Cunningham.

        The following message was received from the Governor through his Private Secretary:

        EXECUTIVE OFFICE,
Columbus, Dec. 8th, 1863.

        MR. SPEAKER--

        I am instructed by his Excellency the Governor, to inform the House that he did, on the 7th inst., sign and approve the following House bills and resolutions entitled:

        An act for the relief of J. D. W. Duckworth, Sheriff and Tax Collector of Smith county.

        An act amendatory of article 6, chapter 3, page 292 of the Revised Code, and for other purposes.

        An act to provide for the redemption of lands sold to the State for taxes at the office of the Auditor of Public Accounts.

        An act to authorize Narcissa L. Barksdale to emancipate her slave John.

        Resolution to allow time to the Clerk of the House of Representatives and the Secretary of the Senate to bring up the business of the session.

        The House concurred in the Senate amendment to House bill to be entitled an act to authorize the Probate Clerks in this State to record anew any deeds, or other instruments required by law to be recorded, when the records have been lost, mutilated or destroyed.

        The House then proceeded to the consideration of the Senate amendments to House bill to be entitled an act for the relief of the Mississippi State Troops captured at Vicksburg.

        Mr. Eskridge moved that the further consideration of the bill and amendments be indefinitely postponed, which was decided in the negative by yeas and nays as follows:

        YEAS--Messrs. Allen, Bestor, Barton, Clark, Cunningham, Eskridge, Fowler, Falconer, Grace, Irby, Johnson of Wilkinson, Lewers, Minter, Maxwell, McLemore, McNiel, Prewitt, Staples, Seal of Harrison, Thompson, Wells, Wier and Watson--23.

        NAYS--Messrs. Arnold, Bradford, Boon, Brown, Deason of Jones, Daniel, Fox, Fort, Gully, Gowan, High, Hendon, Isom, Jackson, Johnson of Tippah, Moore, Morehead, Murdock, McKay of Neshoba, McLaurin, McElroy, Pope, Powe, Pounds, Pinson, Rucks, Rogers, Seal of Hancock, Shelley, Stubbs of Smith, Stephens and Upshaw--31.

        The Senate amendments were then concurred in.

        Senate bill to be entitled an act to encourage the manufacture of wine from the native grape.


Page 303

        Mr. Bestor moved to amend by inserting the word "pure," before the word wine,

        Which on motion of Mr. Seal, of Harrison, was laid on the table.

        Mr. Watson moved to amend by adding the following:

        Provided that not more than ten dollars per gallon, and in that proportion for a smaller quantity, shall be asked or received for any wine sold under the provisions of this act.

        Which, on motion of Mr. Seal, of Harrison, was laid on the table.

        The bill was then read a third time under a suspension of the rules and passed, the title standing as stated.

        The Senate joint resolution in relation to bills and joint resolutions,

        Was, on motion of Mr. Seal, of Harrison, laid on the table.

        Senate bill to be entitled an act for the relief of the Probate clerk of Lauderdale county,

        Was read three several times, the rules being suspended, and passed, the title standing as stated.

        Senate bill to be entitled an act for the relief of Robert H. Whitley,

        Was read three several times under a suspension rea the rules, and passed, the title standing as stated.

        Senate bill to be entitled an act to aid in supplying the loss of the Records and papers in the circuit and chancery courts of Chickasaw county,

        Was read three several times, under a suspension of the rules, and passed, the title standing as stated.

        Mr. Murdock, by leave, introduced a bill to be entitled an act to encourage the introduction of live stock and provisions from within the lines of the enemy,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Isom called from the orders of the day,

        An act to amend an act authorizing the issuance of Treasury Notes as advances on Cotton.

        Was read a second and third time under a suspension of the rules and passed, the title standing as stated.

        On motion of Mr. Seal of Harrison, the House took a recess of five minutes in order to prepare the House for the reception of the Senate to the end that the two Houses go into joint convention for the purpose of electing a Superintendent and clerk of the Penitentiary.

        Recess having expired the clerk was instructed to inform the Senate that the House was in readiness for their reception, for the purpose of going into joint convention to elect a clerk and superintendent of the Penitentiary.

        The Senate having been informed, entered and took the seats assigned them.


Page 304

        The President of the Senate stated the object of the meeting.

        Mr. Barton of the House moved that the convention proceed to the election of superintendent and clerk of the Penitentiary by ballot.

        Messrs. Griffin of the Senate and Lewers of the House, were appointed Tellers.

        Mr. Rucks of the House, nominated E. P. Russell of Hinds county, as a candidate for superintendent of the Penitentiary.

        There being no other nominations, Mr. E. P. Russell was elected by acclamation, and declared duly elected superintendent of the Penitentiary for the term prescribed by law.

        For Clerk of the Penitentiary, Mr. Wilson of the Senate, nominated C. C. Moore, of Monroe county.

        Mr. Gully, of the House, nominated Thomas J. Eldrige, of Kemper county.

        On the first ballot,

  • C. C. Moore received . . . . . 40 votes.
  • Thos. J. Eldrige . . . . . 35 votes.
  • Whole number of votes cast . . . . . 77
  • Necessary to a choice . . . . . 39
  • Scattering . . . . . 2

        Mr. Moore having received a majority of all the votes cast, was declared duly elected Clerk of the Penitentiary, for the term prescribed by law.

        The Senate retired.

        The House proceeded to business.

        Mr. Morehead by leave, introduced a bill to be entitled an act to provide for the exemption of certain officers from service in the provisional army of the Confederate States,

        Which was read twice under a suspension of the rules, and passed, the title standing as stated.

        Mr. Bradford by leave, introduced a bill to be entitled an act to increase the salary of the Probate Judge of Itawamba county.

        Which was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Thompson, by leave, introduced a bill to be entitled

        An act to enable the several Boards of Police to compensate the Clerks of the Probate Courts for labor performed by them,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Watson, from the Judiciary committee, made the following report:

        The Judiciary Committee to whom was referred a bill to be entitled an act to levy and collect a tax of thirty-three


Page 305

and one-third per cent. on all persons refusing to receive Confederate Treasury notes in payment of dues, have had the same under consideration, and ask leave to report the same back to the House, with a substitute recommending that the substitute do pass.

        The report of the committe was received and agreed to.

        The bill read twice under a suspension of the rules.

        Mr. Eskridge moved a suspension of the rules to the end that the bill be read the third time and passed.

        Pending which,

        On motion of Mr. Johnson, of Wilkinson,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The House resumed the consideration of the question pending on adjournment, to-wit:

        The motion to suspend the rules for the third reading of the bill to be entitled an act to raise additional revenue.

        Mr. Eskridge offered the following amendment:

        Add at end of sec. 2: "Provided, Executors, Administrators and Guardians shall be exempt from the provisions of this act."

        Mr. Minter proposed to amend by striking out twenty per cent, and inserting 10 per cent.

        Mr. Irby moved that the House resolve itself into committee of the Whole on the bill,

        Which was lost.

        Mr. Seal, of Harrison, moved the indefinite postponement of the bill, which was decided in the affirmative by yeas and nays called for by Messrs. Bradford, Seal of Harrison, and Johnson of Tippah:

        YEAS--Messrs. Allen, Arnold, Barton, Deason of Jones, Daniel, Fowler, Fox, Foxworth, Fort, Gully, Hendon, Jackson, Johnson of Wilkinson, Johnson of Tippah, Morehead, McLemore, McKay of Neshoba, McNeil, Owen, Pope, Powe, Pinson, Prewitt, Rucks, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, Thompson and Wells--28.

        NAYS--Mr. Speaker, Messrs. Bradford, Bestor, Boon, Cunningham, Eskridge, Falconer, Grace, Gowan, High, Irby, Lewers, Minter, Moore, Maxwell, McLaurin, McElroy, Rogers, Ross, Staples, Stephens, Upshaw, Wier and Watson--24.

        The bill was indefinitely postponed.

        Mr. Watson called up the special order for 3 o'clock to-day, to-wit:

        The bill entitled an act to prohibit the distillation of grain,


Page 306

sugar and molasses, and any other substances, in the State of Mississippi, except under the direction and authority of the Governor.

        On motion of Mr. Watson,

        The House resolved itself into committee of the Whole on said bill.

        Mr. Falconer in the chair.

        After sometime spent therein,

        The committee rose and reported progress and asked leave to sit again immediately.

        The report was received and agreed to.

        Mr. Watson moved a call of the House.

        The doors being closed the roll was then called, and a quorum appeared.

        The House again resolved itself into committee of the Whole,

        Mr. Falconer in the Chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House with the recommendation that it do not pass.

        Mr. Falconer moved that the report be received and agreed to.

        Mr. Watson called for a division of the question.

        The report was received.

        Question on agreeing.

        Mr. Seal, of Harrison, moved that the bill and amendments be laid on the table, which was decided in the negative by yeas and nays called for by Messrs. Rogers, Seal of Harrison, and Stubbs of Smith:

        YEAS--Messrs. Arnold, Bradford, Boon, Barton, Fox, Foxworth, Gully, Gowan, Irby, Jackson, Morehead, Maxwell, McKay of Neshoba, McElroy, Pope, Pinson, Prewit, Rogers, Staples, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, and Weir--24.

        NAYS--Mr. Speaker, Messrs. Allen, Bestor, Brown, Clark, Cunningham, Deason of Jones, Daniel, Eskridge, Fowler, Falconer, Fort, Grace, High, Hendon, Johnson of Wilkinson, Johnson of Tippah, Lewers, Minter, Moore, Murdock, McLemore, McLaurin, McNeil, Owen, Powe, Rucks, Ross, Stephens, Thompson, Upshaw, Wells and Watson--33.

        The vote was then taken on agreeing to the report of the committee of the Whole that the bill do not pass.

        The report was not agreed to.

        Mr. Watson moved that the rule be suspended and the bill read the third time.

        Which was lost.

        Mr. Johnson, of Wilkinson, from the committee of Conference, made the following report:


Page 307

        MR. SPEAKER--

        The joint committee of Conference of the Senate and House, to whom was referred the subject of the disagreement between the two Houses on the Senate bill entitled an act to punish the offense of harboring or concealing deserters from the Confederate service, and for other purposes, and House substitute for said bill entitled an act to encourage enlistments in the army of the Confederate States, and for other purposes, have had the same under consideration, and have instructed me to report that they have agreed to adopt the House substitute.

        The report was received and agreed to.

        Mr. Thompson, from a committee of Conference, made the following report:

        MR. SPEAKER--

        The committee of Conference appointed on the part of the House to meet the committee on the part of the Senate, on the disagreeing votes of the two Houses on the joint resolution instructing our Senators and requesting our Representatives to make Confederate notes a legal tender in the payment of debts, beg leave to report that upon conference it was agreed that the Senate should recede from their amendment to the House amendment of the Senate resolution.

        The report was received and agreed to.

        Mr. Stephens presented the memorial of S. W. Woolard, Tax Assessor of Coahoma county, which was referred to the committee on Claims without reading.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed the following entitled bill:

        An act to provide for organizing and disciplining the militia of this State,

        In which the concurrence of the House is desired.

        Mr. Irby, from the committee on Enrolled Bills, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bill and find the same correctly enrolled, and have presented them to His Excellency the Governor for his approval and signature, to-wit:

        An act entitled an act to authorize the Probate Clerks in this State to record anew any deeds, or other instruments required by law to be recorded, when the records have been lost, mutilated or destroyed.

        On motion of Mr. Upshaw,

        The House proceeded to the consideration of Senate messages, and took up the Senate bill to be entitled an act to provide for organizing and disciplining the militia of this State,


Page 308

        Was read twice under a suspension of the rules and referred to the committee of the Whole,

        Mr. Thompson in the chair.

        After sometime spent therein,

        The committee rose and reported the bill back to the House and stated that the committee found itself without a quorum.

        On motion of Mr. Barton,

        The House took a recess until 7½ o'clock to-night.

7½ o'clock, P. M.

        Recess having expired, the House resumed its session.

        On a call of the roll a quorum appeared.

        On motion of Mr. Allen,

        The House resolved itself into committee of the Whole,

        Mr. Thompson in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House, with sundry amendments, with the recommendation that the bill as amended do pass.

        The report was received and agreed to.

        Amendments of the committee of the Whole:

        1. Amend sec. 7 by striking out "17" and insert "18."

        Mr. Ross moved to lay the amendment on the table, which proposition was decided in the negative by yeas and nays called for by Messrs. Bradford, Gulley and Prewitt:

        YEAS--Messrs. Allen, Bradford, Bestor, Boon, Brown, Cunningham, Daniel, Eskridge, Fowler, Falconer, Fort, Grace, Isom, Lewers, Minter, Murdock, McLemore, McNiel, Owen, Ross, Staples, Stephens, Thompson, Upshaw and Watson--25.

        NAYS--Mr. Speaker, Messrs. Arnold, Barton, Clark, Carroll, Deason of Jones, Fox, Foxworth, Gully, Gowan, High, Hendon, Irby, Johnson of Wilkinson, Johnson of Tippah, Moore, Maxwell, McKay of Neshoba, McLaurin, McElroy, Powe, Pinson, Prewitt, Rogers, Seal of Harrison, Shelley, Stubbs of Smith, Wells, Wier and Wynne--30.

        Mr. Irby moved that the amendment be adopted, which was decided in the affirmative.

        Amendment 2: In sec. 29, amend by inserting "also county Treasurers, and the Registers and Receivers of land offices; all operatives employed in cotton and woolen factories, iron foundries and furnaces, and all persons engaged in the manufacture of salt who manufacture twenty bushels per day."

        Which were adopted.

        Mr. Watson offered the following amendment:

        Strike out all after the word "operators" in 4th line of 29th section.


Page 309

        Pending which,

        On motion of Mr. Johnson, of Wilkinson,

        The House adjourned until to-morrow morning at 9 o'clock.

WEDNESDAY, Dec. 9, 1863.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Lyon.

        On motion of Mr. Barton,

        The reading of the journal of yesterday was dispensed with.

        Mr. Thompson by leave, made the following report from the committee on Ways and Means.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred a bill to be entitled an act supplimentary to an act entitled an act better to provide for the families of our soldiers, approved January 3d, 1863, with instructions to report a bill prohibiting the production of cotton beyond a fixed amount, have instructed me to report a bill to carry out the instructions of the House, to be entitled an act to encourage the production of grain and provisions, and recommend that the same do pass.

        The bill reported by the committee was read twice under a suspension of the rules.

        Mr. Bradford moved to amend by exempting the counties of Bolivar, Coahoma, Tunica, Washington, Issaquena, Marshall, Simpson, Newton, Harison, Hinds, DeSoto, Tippah and Amite.

        On motion of Mr. Johnson, of Wilkinson,

        The bill and amendments were laid on the table.

        Mr. Irby from the committee on Enrolled Bills made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bill, found the same correctly enrolled, and have presented it to his Excellency the Governor for his approval and signature, to wit:

        An act entitled an act for the relief of the Mississippi State troops captured at Vicksburg.

        The following communication was presented to the House by the Speaker:


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TREASURER'S OFFICE,
Columbus December 8th, 1863.

To the House of Representatives:

        In answer to your resolution, adopted on the 7th inst., calling for amount of receipts and disbursements, and the kind of funds on hand, in detail, I respectfully submit the following, viz:

        The reason why I have not given you a detailed statement of the receipts and disbursements of my office for the last two years, is that I have not posted up my books for some time since, owing to the fact that I had no disbursement book, and could not procure one. This I fully explained to the committee on the Treasurer's Office. I ordered a book of Capt. Julienne in March last. I submit his certificate, which will explain itself. The disbursement vouchers are now in my office, and it will take at least sixty days to post them up. In my report of the 9th of November, I said:

        "I regret that I cannot give you a more detailed and elaborate view of the operations of this Department. The want of time to prepare it, and other causes, prevent my doing so.

        Since coming to Columbus I have obtained a temporary book to enter up my receipts and disbursements, and will have it done in time for the examination of your commissioner. In regard to the amount and kind of money on hand, I have to say, that it would take me at least thirty days to count and make a list of it. There is in Montgomery, Ala., twelve boxes of specie and one large box full of paper money, so you will see that it is impossible for me to count the money and give you a list of the kind on hand, and amounts before the adjournment of your session.

        Your commissioner to examine my office will soon be appointed, and I shall urge him to give in his report all the information you desire in your resolution. All I ask is a fair examination by your commissioner.

M. D. HAYNES,
State Treasurer.

        This is to certify that M. D. Haynes, State Treasurer, ordered a disburement book to be made early in the Spring, and upon his order I completed said book and had it ready for delivery, but the Yankees came to the city and destroyed all my books, machinery &c., together with book ordered by Col. Haynes.

Given under my hand this 6 day of November, 1863.

L. JULIENNE.


        Mr. Powe called up the bill to be entitled an act to authorize the State Treasurer to receive from the delinquent Tax


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collectors of the several counties in this State, the military bonds or notes falling due, 1st January 1863--4, in payment of the amounts due from them on account of the military Tax for the year 1861, the passage of which was reconsidered on the 24th of November last.

        The question then recurred on the passage of the bill, which was decided in the affirmative, by yeas and nays being called for by Messrs. Gully, Seal, of Harison, and Stubbs of Smith.

        YEAS--Mr. Speaker, Messrs. Arnold, Bradford, Bestor Boon, Cunningham, Deason of Jones, Daniel, Fowler, Fox, Fort, Gowan, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Lewers, Minter, Moore, Morehead, Maxwell, Murdock, McLemore, McNeil, Owen, Pounds, Powe, Prewitt, Rucks, Ross, Staples, Stephens, Thompson, Upshaw, Wier, Watson and Wynne.--38.

        NAYS--Messrs. Barton, Clark, Eskridge, Foxworth, Falconer, Gully, Gray, High, Hendon, McKay of Neshoba, McLaurin, McElroy, Pope, Pinson, Rogers, Seal of Hancock, Shelley, Stubbs of Smith and Wells--19.

        The bill passed, the title standing as stated.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following bills and resolutions, to wit:

        A bill to be entitled an act to provide for the benefit of Moses E. Enochs.

        A bill entitled an act to provide for the payment of the claims of deceased soldiers.

        A bill entitled an act to authorize the Probate Judge of Lowndes county to appoint a receiver for the absent Legatees of Dr. Samuel B. Malone.

        A resolution requiring the Public Printer to publish the acts and journals of the last called session, also passed the following House bills, to wit:

        House bill entitled an act for the relief of Isham Dansby, of Newton county.

        A House bill entitled an act to regulate the pay of Registers and Receivers of the several land offices of the State.

        A House bill entitled an act for the relief of Thomas J. Fortson.

        A House bill entitled an act to amend an act entitled an act to amend the laws in relation to the State University.

        A House bill entitled an act for the relief of C. E. Murphree of Calhoun county.

        A House bill entitled an act to amend an act entitled an act to amend the charter of the Columbus Life and General


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Insurance company, and the Mississippi Mutual Insurance Company, approved January 25th, 1862.

        The Senate have agreed to the recommendation of the committee of Conference on the disagreement of the two Houses on the Senate amendment to House substitute for Senate resolution, requesting our Congressmen to have Confederate money made a legal tender, thereby receeding from their said amendment.

        Senate have passed a House bill entitled an act for the relief of William Beacham of Itawamba county, and for other purposes.

        The Senate refuses to concur in the report of the Conference committee on the disagreement of the two Houses on House substitute to Senate bill entitled an act to punish the offense of harboring or concealing deserters from the Confederate and State service, and for other purposes.

        The Senate have passed a House bill entitled a bill compelling Railroads to be responsible for freight and baggage, Passed with amendments.

        A House bill entitled an act to authorize the Board of Police of Winston county to borrow mony &c.

        Passed with amendments.

        The Senate have concurred in House substitute for Senate resolution of confidence.

        Mr. Seal, of Harison, called up the military bill, the question pending on adjournment last night, viz:

        The amendment offered by Mr[.] Thompson, to strike out the word operators in 4th line.

        Mr. Seal, of Harison, offered the following substitute for sec. 29.

        Be it further enacted, That the following named persons, and none others, shall be exempt from military duty in this State, to wit:

        State Treasurer and Clerk, Auditor and Clerk, Secretary of State and Clerk, members of the State Legislature, Judges of the High Court of Errors and Appeals and clerk of said court, Attorney General, Judges and clerks of the Circuit and Probate Courts, District attorneys, Boards of Police, Sheriffs and Assessors, county Treasurer, Telegraphic operators, Railroad Agents and employees, commissioners for the distribution of the indigent fund, ministers of the Gospel who have been following said occupation for the last three years, Registers and Receivers in the land offices, all persons who are actually employed in teaching and have a school of twenty scholars or more, (music teachers are not exempt,) and who have pursued their vocation for five years next before the passage of this act, one Blacksmith for each Police District, provided that they have been engaged as such for


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the last three years, all Physicians who have been engaged in their regular profession for the last seven years, all Tanners who have five vats, and those employed on behalf of the Confederate Government, all Shoemakers who have been so employed as a trade for the last five years, all employees in the State Asylums, all persons employed in or about the Penitentiary, all persons engaged in the manufacture of cotton and wollen cards and cloth, all persons engaged in the iron foundaries, all persons engaged in making salt when there is produced twenty bushels and upwards, per day, which was.

        On motion of Mr. Falconer,

        Laid on the table, by yeas and nays being called for by Messrs. Murdock, Watson and Fort.

        YEAS--Mr. Speaker, Messrs. Allen, Arnold, Bradford, Boon, Barton, Brown, Cunningham, Daniel, Fowler, Fox, Falconer, Fort, Grace, Hendon, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Lewers, Morehead, Maxwell, McLaurin, McNiel, Pounds, Powe, Rucks, Ross, Staples, Stephens, Thompson, Wells, Wier, Watson and Wynne.--36.

        NAYS--Messrs. Bestor, Deason of Jones, Eskridge, Foxworth, Gowan, High, Minter, Murdock, McKay of Neshoba, McElroy, Owen, Pope, Pinson, Prewitt, Rogers, Seal of Hancock, Seal of Harrison, Stubbs of Smith and Upshaw.--19.

        Mr. Thompson moved to amend the pending amendment by striking out all after the word law.

        Mr. Fox moved to lay the amendments on the table which was decided in the negitative, by yeas and nays called for by Messrs. Thompson, Gowan and Seal of Harrison.

        YEAS--Messrs. Barton, Clark, Carroll, Deason of Jones, Eskridge, Fox, Foxworth, Gulley, Gowan, High, Hendon, Irby, Johnson of Tippah, Lewers, Murdock, McKay of Neshoba, McElroy, Owen, Pope, Pinson, Rogers, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, Wells, Wier and Wynne.--28.

        NAYS--Mr. Speaker, Messrs. Allen, Arnold, Bradford, Bestor, Boon, Brown, Cunningham, Daniel, Fowler, Falconer, Fort, Grace, Isom, Jackson, Johnson of Wilkinson, Minter, Moore, Morehead, Maxwell, McLemore, McNeil, Pounds, Prewitt, Rucks, Ross, Staples, Stephens, Thompson, Upshaw and Watson.--32.

        Mr. Weir moved a reconsideration of the vote by which the House reconsidered the vote by which it adopted the amendment to sec. 7, striking out 17 and inserting 18, which was decided in the affirmative.

        Mr. Stephens moved a reconsideration of the vote adopting the amendment to sec. 29, exempting county Treasurers


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and Registers and receivers of the land offices, which was decided in the affirmative.

        Mr. Eskridge moved a reconsideration of the vote adopting the amendment exempting operators in cotton and woolen factories, iron foundaries and furnaces, and all manufacturers of salt who make 20 bushels per day, which was decided in the affirmative, by yeas and nays being called for by Messrs. Murdock, Barton and Carroll.

        YEAS--Messrs. Allen, Bestor, Boon, Brown, Cunningham, Daniel, Eskridge, Fowler, Fox, Falconer, Fort, Grace, Isom, Irby, Johnson of Wilkinson, Johnson of Tippah, Lewers, Minter, Morehead, Maxwell, McLaurin, Owen, Rogers, Ross, Staples, Stephens, Thompson, Upshaw, Wier, Watson and Wynne.--31.

        NAYS--Messrs. Arnold, Bradford, Barton, Clark, Carroll, Deason of Jones, Foxworth, Gulley, Gowan, High, Hendon, Jackson, Moore, Murdock, McLemore, McKay of Neshoba, McElroy, McNiel, Pope, Pounds, Powe, Pinson, Prewitt, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith and Wells.--28.

        Mr. Johnson, of Tippah, moved to lay the amendment on the table, striking out 17, and inserting 18, in sec. 9, which was decided in the affirmative, by yeas and nays called for by Messrs. Barton, Hendon and Fox.

        YEAS--Messrs. Allen, Bradford, Bestor, Boon, Brown, Cunningham, Daniel, Eskridge, Fowler, Falconer, Fort, Grace, Isom, Johnson of Tippah, Lewers, Minter, Maxwell, Murdock, McLemore, MeNeil, Owen, Powe, Rogers, Ross, Staples, Stephens, Thompson, Upshaw, Weir, Watson and Wynne.--31.

        NAYS--Messrs. Arnold, Barton, Clark, Carroll, Deason of Jones, Fox, Foxworth, Gully, Gowan, High, Hendon, Irby, Jackson, Johnson of Wilkinson, Morehead, McKay of Neshoba, McLaurin, McElroy, Pope, Pounds, Pinson, Prewitt, Seal of Harison, Seal of Hancock, Shelley, Stubbs of Smith and Wells.--29.

        On motion of Mr. Stephens,

        All the other amendments reported by the committe of the Whole,

        Were laid on the table.

        Mr. Arnold offered the following amendment:

        Amend sec. 29, by adding after the word law in the third line, provided that members of the Legislature shall not be exempt.

        Mr. Stephens moved to lay the amendment on the table, which was decided in the affirmative, by yeas and nays being called for by Messrs. Barton, Murdock and Carroll.

        YEAS--Messrs. Allen, Bradford. Bestor, Barton, Brown,


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Clark, Cunningham, Deason of Jones, Eskridge, Foxworth, Grace, Johnson of Wilkinson, Johnson of Tippah, Lewers, Minter, Morehead, Maxwell, McLemore, Owen, Pope, Pinson, Rucks, Rogers, Ross, Seal of Harrison, Seal of Hancock, Shelley, Stubbs of Smith, Weir, Watson and Wynne.--36.

        NAYS--Messrs. Arnold, Boon, Carroll, Daniel, Fowler, Fox, Falconer, Fort, Gulley, Gowan, High, Hendon, Isom, Irby, Jackson, Moore, Murdock, McKay of Neshoba, McLaurin, McElroy, Pounds, Powe, Prewitt, Staples, Stephens, Thompson, Upshaw and Wells.--28.

        The bill was then read the third time and passed by yeas and nays called for by Messrs. Gowan, Gulley and Jackson.

        YEAS--Mr. Speaker, Messrs. Allen, Bradford, Bestor, Boon, Brown, Daniel Eskridge, Falconer, Fort, Grace Isom, Irby, Johnson of Wilkinson, Johnson of Tippah, Lewers, Minter, Maxwell, McLemore, McLaurin, Owen, Pope, Powe, Rucks, Rogers, Ross, Staples, Stephens, Upshaw, Weir, Watson and Wynne.--32.

        NAYS--Messrs. Arnold, Barton, Clark, Cunningham, Carroll, Deason of Jones, Fowler, Fox, Foxworth, Gulley, Gowan, High, Hendon, Jackson, Moore, Morehead, Murdock, McKay of Neshoba, McElroy, McNeil, Pinson, Prewitt, Seal of Harison, Seal of Hancock, Shelley, Stubbs of Smith, Thompson and Wells.--28.

        The bill passed without amendment.

        On motion of Mr. Rucks,

        The order of business was suspended, and he introduced a bill to be entitled an act to authorize the State Treasurer to employ a clerk,

        The rules were suspended, the bill read the third time and passed, the title standing as stated.

        The following message was received from the Governor:

        EXECUTIVE OFFICE,
Columbus, Dec. 9, 1863.

        MR. SPEAKER--

        I am instructed by his Excelleny the Governor, to inform the House that he did on the 8th inst., sign and approve the following House bills, entitled

        An act to provide for the punishment of persons falsely representing themselves as Government Agents.

        An act to authorize the Probate Clerks in this State to record anew any deeds or other instruments required by law to be recorded, when the records have been lost, mutilated or destroyed.

        The following message was received from the Senate:

        Mr. SPEAKER--

        The Senate have adopted the following joint resoltions in which the concurrence of the House is desired:


Page 316

        Resolution of thanks to the citizens of Columbus.

        Resolution making an appropriation to the Christian Church of Columbus.

        And have passed a bill entitled

        An act to define and regulate the charges hereafter to be made by Railroad Companies in this State for freight and passage, and for other purposes.

        And have passed House bill entitled

        An act for the relief of the 1st battalion of Mississippi State Troops, commanded by Maj. Harper,

        With an amendment by way of additional section, in which the concurrence of the House is desired.

        The House proceeded with Senate messages:

        Senate amendments to House bills entitled

        An act compelling Railroads to be responsible for freight and baggage; and

        An act to authorize the Board of Police of Winston county to borrow money, &c.,

        Were concurred in.

        Senate bill to be entitled

        An act to provide for the payment of the claims of deceased soldiers,

        Was read three several times, the rules being suspended and passed, the title standing as stated.

        Senate joint resolution in relation to public printing

        Was read twice under suspension of the rules and concurred in by the House.

        Senate bill to be entitled

        An act to authorize the judge of the Probate court of Lowndes county to appoint a receiver for the absent legatees of Dr. Samuel B. Malone,

        Was read three several times, under a suspension of the rules, and passed, the title standing as stated.

        Senate bill to be entitled

        An act for the benefit of Moses E. Enochs,

        Was read three several times under a suspension res the rules, and passed, the title standing as stated.

        On motion of Mr. Deason of Jones,

        The House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following entitled House bills, to-wit:

        A bill to be entitled


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An act amendatory of the Revenue Laws of this State,

        With amendments thereto, in which the House is asked to concur

        The Senate have agreed to the report of the committee of conference on the disagreement of the two Houses on the Senate substitute for House bill entitled

        An act to procure cotton and wool cards for the indigent families of soldiers and the citizens of this State, and for other purposes.

        And have passed a House bill entitled

        An act for the relief of families of soldiers in the counties therein named, and for other purposes.

        Mr. Seal of Harrison, from the committee of conference, made the following report:

        MR. SPEAKER--

        The joint committee of conference to whom was referred a bill entitled

        An act to procure cotton and wool cards and other articles, have had the same under consideration and have instructed to report that they have agreed to adopt the Senate amendments to the House bill, and recommend that the same so adopted, and that the report be agreed to, &c.

        Which report was received and agreed to.

        Mr. Falconer introduced the following resolution:

        Resolved, That the cammittee on Claims be instructed to allow the State printer for printing done during the present session of the legislature compensation allowed by the act entitled

        An act to repeal section 9, chapter 6, of the revised code, so far as the same provides compensation for the public printer, for other purposes.

        Which was adopted.

        Senate joint resolution making an appropriation to the Christian Church,

        Was read twice under a suspension of the rules and referred to the committee on Claims.

        Senate joint resolution of thanks to the citizens of Columbus

        Was taken up, the rules suspended, and the resolution concurred in.

        The House concurred in Senate amendment to House bill be entitled

        An act for the relief of the first battalion Mississippi State troops commanded while in service by Maj. Harper.

        Senate bill to be entitled

        An act to define and regulate the charges hereafter to be made by Railroad companies in this State for freight or passage, and for other purposes,


Page 318

        Was read three several times under suspension of the rules and passed, the title standing as stated.

        The House proceeded to the consideration of the Senate amendments to the House bill to be entitled

        An act amendatory of the Revenue laws of this State,

        And on motion of Mr. Thompson, the House refused to concur in said amendments.

        Mr. Murdock from the committee on Claims made the following report:

        MR. SPEAKER--

        The joint committe on Claims to whom was referred a bill to be entitled

        An act to authorize the removal of the records and papers belonging to any court of record and for other purposes,

        Have had the same under consideration and instructed me to report the bill back to the House, with a recommendation that it be passed.

        The report was received and agreed to.

        The bill was then read the third time and passed, the title standing as stated.

        The committee on Claims to whom was referred a bill to be entitled

        An act to provide for the payment of certain informal claims against the State of Mississippi,

        Have had same under consideration, and have instructed me to report the bill back to the House with a recommendation that it do pass

        The report was received and agreed to.

        The bill was read the third time and passed, the title standing as stated.

        The committee on Enrolled Bills, through Mr. Irby, made the following report:

        MR. SPEAKER--

        The committee on Enrolled Bills beg leave to report that they have examined the following enrolled bills, found the same correctly enrolled, and have presented them to his Excellency, the Governor, for his approval and signature, to-wit:

        An act entitled an act to amend an act entitled an act to amend the charters of the Columbus Life and General Insurance Company, and the Mississippi Mutual Insurance Company, approved January 25, 1862.

        An act entitled an act to amend an act entitled an act to amend the laws in relation to the State University.

        An act entitled an act for the relief of Isham Dansby, of Newton county.

        An act entitled an act for the relief of William Beacham, of Itawamba county, and for other purposes.


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        An act entitled an act for the relief of Thomas J. Fortson.

        An act entitled an act to regulate the pay of Registers and Receivers of the several land offices of this State.

        Also a joint resolution of confidence in his Excellency, President Davis.

        The Speaker presented the following communication:

        The President of the Senate and the Speaker of the House of Representatives, having been requested by a joint resolution of the two Houses to appoint two commissioners to examine the Auditor's and Treasurer's offices, have performed the duty by the appointment of Wm. H. Brown, of Hinds, and Felix LaBauve, of DeSoto county, and ask the ratification of the two Houses.

        Mr. Murdock, from the committee on Claims, made the following report:

        MR. SPEAKER--

        The committee on Claims to whom was referred an act for the relief of John Vernon, Sheriff of Monroe county, have considered the same and have instructed me to report it back to the House with the recommendation that it do not pass.

        The report was received and agreed to.

        Mr. Murdock introduced a bill to be entitled

        An act to exempt operatives in cotton and woolen factories and iron foundries, from militia duty,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Minter, from a committee of Conference, made the following report:

        MR. SPEAKER--

        The committee of Conference to whom was referred the bill for the encouragement of the manufacture of cotton cards, have instructed me to report that they have agreed to restrict the price at which said cards shall be sold, for no more than $20 per pair, and recommend the concurrence of the House in the Senate amendment.

        Report received and agreed to.

        Mr. Houston, by leave, introduced a bill to be entitled

        An act to increase the salary of the Probate Judge of Monroe county,

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        Mr. Rucks introduced a bill to be entitled

        An act to exempt county Treasurers from military duty,

        Which was read twice under a suspension of the rules.

        Mr. Bestor moved to amend by extending the provisions of this bill to Registers and Receivers of Land offices,

        Which was adopted.

        The rule was suspended, the bill read the third time and passed, the title standing as stated.


Page 320

        On motion of Mr. Lewers,

        The committee on Claims was instructed to insert in appropriation bill an item giving the Sergeant-at-Arms and Doorkeeper $100 each for their attention at this session of the Legislature.

        Mr. Arnold introduced a joint resolution instructing our Senators and requesting our Representatives in Congress to inquire of the War Department why it is necessary to keep a Brigadier General, with a large staff of able-bodied young men, and two batteries of artillery at Columbus, Miss., while the enemy are more than 100 miles North of said city, and the army requires soldiers in the field.

        Mr. High introduced a bill to be entitled

        An act for the relief of Thomas A. Mitchell, of Pontotoc county,

        Which was read three several times and passed, the title standing as stated.

        Mr. Murdock, from the committee on Claims, made the following report:

        MR. SPEAKER--

        The joint committee on Claims herewith beg leave to report the various claims referred to them, and have included the same in a general appropriation bill with the recommendation that the same do pass.

        Your committee would state that the Governor has advised them that the sum of three millions of dollars will be needed for the purpose of military defense during the ensuing year; but your committee were not until a late hour of this day aware that this appropriation was to come through them, and therefore state the facts for the information of the House.

        The bill accompanying said report entitled an act making certain appropriations therein named, was read twice.

        On motion,

        The House resolved itself into committee of the Whole on said bill,

        Mr. Seal, of Harrison, in the chair.

        After some time spent therein,

        The committee rose, reported the bill back to the House with sundry amendments, and recommended that the bill as amended do pass.

        The amendments of the committee of the Whole making an appropriation of $100 to George Miller, messenger of the House, and $25 to each of the two pages, were concurred in.

        Mr. Lewers offered the following resolution:

        Resolved, That the thanks of this House are due, and are hereby tendered, to the resident ministers of the various denominations of the city of Columbus, for their punctual attendance and courtesy in opening the daily sessions of this


Page 321

House, during the present session of the Legislature, with prayer. Which was adopted.

        Mr. Powe offered the following resolution:

        Resolved, That the thanks of this House are due, and are hereby tendered to the Hon. L. E. Houston, Speaker of the House, for the able, courteous, dignified and impartial manner in which he has presided over its deliberations.

        Which was adopted.

        Mr. Seal, of Harrison, offered resolutions of thanks to R. C. Miller clerk of the House, &c., to the assistant clerks and pages. On motion of Mr[.] Barton,

        The House adjourned till 7 o'clock, P. M.

7 O'CLOCK P. M.

        House met pursuant to adjournment.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed the following entitled House bills:

        A bill to be entitled an act to authorize the State Treasurer to receive from the delinquent Tax Collectors of the several counties in this State the military bonds or notes falling due 1st January, 1863--4, in payment of the amount due them on account of the military Tax for the year 1861.

        A House bill entitled an act to increase the salary of the Probate Judge of Itawamba county.

        A House bill entitled an act to increase the salary of the Probate Judge of Monroe county.

        The Senate insist on their amendments to House bill entitled an act amendatory of the revenue laws of this State.

        A House bill entitled an act to authorize the State Treasurer to employ a clerk.

        The Senate have agreed to the report of the committee of Conference on the disagreeing vote of the two Houses on the Senate amendment to House bill entitled an act to encourage the manufacture of cotton and wool cards &c., the Senate thereby receeding from their said amendments.

        The Senate have this day ratified and confirmed the appointments of Messrs. Wm. H. Brown, of Jackson, and Felix LaBauve, of DeSoto, as commissioners to examine the offices of the Auditor of Public Accounts and State Treasurer, provided for in an act passed by the present Legislature, made by the President of the Senate and Speaker of the House.

        Senate have passed House bill entitled an act to exempt county Treasurers from military duty.

        The Judiciary committee reported favorably on a bill to be entitled an act to provide for the exemption of certain officers from service in the provisional army of the Confederate States.

        The bill was then read third time under a suspension of the rules and passed, the title standing as stated.

        Mr. Thompson from the committee of Ways and Means made the following report:


Page 322

        MR. SPEAKER--

        The committee of Ways and Mens have instructed me to report a bill to be entitled an act making appropriations for military service for the next fiscal year and recommend the same do pass.

        The bill was read twice under a suspension of the rules and referred to the committee of the Whole.

        Mr. Bradford in the chair.

        After some time spent therein,

        The committee rose and reported the bill back to the House and recommended its passage.

        The report was received and agreed to.

        The bill read the third time under a suspension of the rules and passed, the title standing as stated.

        MR. SPEAKER--

        The committee of Ways and Means, to whom was referred so much of the Governor's message as relates to the salaries of public officers, have had the same under consideration, and have instructed me to report a bill to be entitled an act to increase the salary of certain officers therein named, and to recommend the same do pass.

        The report was received and agreed to.

        The bill was read three several times under a suspension of the rules, and passed, the title standing as stated.

        Mr. Upshaw by leave, introduced a bill to be entitled an act to authorize the distillation of grain, and for other purposes. Was read twice under a suspension of the rules.

        Mr. Wier offered to amend by exempting Tippah county from the operations of this act.

        Which was, on motion, laid on the table.

        On motion of Mr. Upshaw, the bill was then read a third time under a suspension of the rules.

        Messrs. Barton, Gulley and Stubbs of Smith, called for the yeas and nays on the passage of the bill.

        YEAS--Mr. Speaker, Messrs. Allen, Arnold, Bradford, Bestor, Boon, Brown, Cunningham, Deason of Jones, Daniel, Eskridge, Fox, Falconer, Fort, Grace, High, Hendon, Isom, Irby, Jackson, Johnson of Wilkinson, Johnson of Tippah, Lewers, Murdock, McLemore, McLaurin, Owen, Pounds, Powe, Rucks, Ross, Stephens, Thompson, Upshaw, Wells, Watson and Wynne.--37.

        NAYS--Messrs. Barton, Clark, Carroll, Fowler, Gulley, Gowan, Minter, Moore, Maxwell, McKay of Neshoba, McElroy, Pope, Staples, Stubbs of Smith and Wier.--15.

        The bill passed, the title standing as stated.

        Mr. Fort introduced a bill to be entitled,

        An act to punish persons falsely claiming to be in the army of the Confederate States or of the State.

        Which was read three several times under a suspension of the rules and passed, the title standing as stated.

        The House took up the Senate message in relation to the revenue bill--the Senate insisted on their amendments.

        The House adhered to their refusal to concur in the amendments of the Senate, and asked for a committee of Conference thereon.


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        The chair appointed Messrs. Thompson, Bestor, Bradford, Shelley and Hendon.

        Mr. Rucks called from the order of the day the Senate joint resolution granting leave of absence to Hon J. S. Hamm Judge, and S. M. Meek District Attorney, of 6th Judicial District. The resolution was concurred in.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate have passed a House bill entitled an act for the relief of T. A. Mitchell, of Pontotoc county.

        The House then took up the appropriation bill.

        The bill was read the third time and passed, the title standing as stated.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has passed the following entitled bill:

        An act to provide for the exemption of certain officers from service in the paovisional army of the Confederate States.

        The Senate agree to a committee of Conference on the disagreement of the two Houses on Senate amendments to House bill entitled an act amendatory of the Revenue laws of this State, and have appointed Messrs. Oliver, Griffin and Hamilton as said committee on the part of the Senate.

        Mr. Murdock introduced a joint resolution to authorize the President of the Senate and Speaker of the House of Representatives, to sign an act making certain appropriations, and an act amendatory of the Revenue laws of this State, without their being duly enrolled.

        Which was adopted under a suspension of the rules.

        Mr. Falconer introduced the following resolution:

        Resolved, (the Senate concurring.) That the following be adopted as a joint standing rule of the two Houses:

        No motion to re-consider shall be in order, unless made immediately succeeding the reading of the journal on the morning after the day on which the subject matter of the motion was disposed of. Which was read once.

        The Conference committee on an act amendatory of the Revenue laws of the State, made the following report:

        MR. SPEAKER--

        The committee of Conference on the part of House on the disagreeing votes on the bill entitled an act amendatory of the Revenue laws of this State, have met the committee of Conference on the part of the Senate, and upon conference have agreed to make the following report, and recomend the adoption of the same:

        The Senate agrees to an amendment to the first amendment by adding at the end of the first amendment, the words, "and which pays three per cent. per annum," and the House committee with this amendment agrees to recede from its disagreement. The Senate agrees to recede from its second amendment. The Senate agrees to insert in the second line of the third amendment, after the word over,


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the words, "one bale of," and in the same line after the word "pounds of lint," and with this amendment the House committee agrees to recede from its disagreement to the fourth amendment.

        Mr. Thompson moved that the report be received and agreed to. A division being called for. The report was received. Question on agreeing.

        The House agreed to the report of the committee on the 1st and 2d amendments.

        On the 3d amendment, in relation to the tax on cotton, the y