Proceedings of the Mississippi State
Convention,
Held January 7th to 26th, A. D. 1861.
Including the Ordinances, as Finally Adopted,
Important Speeches, and a List of Members,
Showing the Postoffice,
Profession, Nativity, Politics, Age,
Religious Preference, and Social
Relations of Each:
Electronic Edition.
Mississippi. Convention (1861)
by J. L. Power, convention reporter.
Funding
from the Institute of Museum and Library
Services supported the electronic publication of this
title.
Text scanned (OCR) by
Josh McKim
Images scanned by
Josh McKim Text encoded by
Chris Hill and Natalia Smith
First edition, 1999
ca. 400K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill, 1999.
Call number 1657 Conf.
(Rare Book Collection, UNC-CH)
The electronic edition is a part of the UNC-CH
digitization project, Documenting the American
South. In the
original
printed text,page 119
starts a new section, disrupting the flow of the narrative.
We have therefore moved page 119 to its logical position in the text,
which follows page 121.
The original pagination has been preserved.
Any hyphens occurring in line breaks have been
removed, and the trailing part of a word has been joined to
the preceding line.
All quotation marks,
em dashes and ampersand have been transcribed as
entity references.
All double right and
left quotation marks are encoded as " and "
respectively.
All single right and
left quotation marks are encoded as '
and ' respectively.
All em dashes are
encoded as --
Indentation in lines
has not been preserved.
Running titles have
not been preserved.
Spell-check and
verification made against printed text using
Author/Editor (SoftQuad) and Microsoft Word spell check programs.
Library of Congress Subject Headings, 21st edition, 1998
LC Subject Headings:
Mississippi -- History -- Civil War, 1861-1865.
Mississippi -- Politics and government -- 1861-1865.
Secession -- Mississippi.
Legislation -- Mississippi.
Law -- Mississippi.
2000-03-15,
Celine Noel and Wanda Gunther
revised TEIHeader and created catalog
record for the electronic edition.
1999-07-16, Natalia Smith,
project manager,
finished TEI-conformant encoding and final proofing.
1999-07-15, Chris Hill
finished TEI/SGML encoding
1999-06-29,
Josh McKim
finished scanning (OCR) and proofing.
PROCEEDINGS
OF THE
MISSISSIPPI
STATE CONVENTION,
HELD JANUARY 7TH TO 26TH, A. D. 1861.
Including the Ordinances, as finally Adopted,
IMPORTANT SPEECHES, AND A LIST OF MEMBERS,
SHOWING THE POSTOFFICE, PROFESSION, NATIVITY, POLITICS, AGE,
RELIGIOUS PREFERENCE, AND SOCIAL RELATIONS OF EACH.
By
J. L. Power, Convention Reporter.
JACKSON, MISS.:
POWER & CADWALLADER, BOOK AND JOB PRINTERS.
1861.
IT has been well remarked that the proceedings, here given,
"furnish the most important chapter which has ever been
written in the history of the Commonwealth of Mississippi,
and have opened up a career teeming with consequences of
incalculable moment." Having been granted the exclusive
privilege, for a series of years, of publishing the proceedings
of the Convention, in book form, (two thousand copies of the
official journal excepted,) I at once entered on the task of
preparing a full report, including the debates, for the press.
I soon, found, however, that a work of such extent, would
involve an outlay which prudence suggested the demand
might not justify, and I reluctantly concluded to issue the
work in a more condensed form, for the present. I have here
endeavored to give a clear and comprehensive summary of
each day's proceedings, omitting nothing that might be important
as a matter of record. In the third day's proceedings
will be found the speeches on the final passage of the Ordinance
of Secession; also, the vote thereon, and the various
substitutes therefor. Through the kindness of several members
of the Convention, I am enabled, in this edition, to insert
a number of speeches, revised by themselves, on the several
important subjects under consideration. The Ordinances,
which are the rich result of the session, have been carefully
compared with the originals, and may be relied on as correct.
A list of the members is also added, showing the post-office,
profession, nativity, religious preference, politics, age and
social relations of each.
RESOLVED, That J. L. Power is hereby granted the exclusive privilege,
for five years, of compiling for publication, in book form, the proceedings
of this Convention; provided, that this is in nowise to interfere with the
Ordinance already providing for the publication, by the State Printer, of
two thousand copies of the Journals and Ordinances of this
Convention.--Passed January 26th, 1861.
IN accordance with an Act of the Legislature, approved
November 29th, 1861, entitled "An Act to provide for a Convention
of the people of Mississippi," "to adopt such measures
for vindicating the sovereignty of the State as shall appear to
them to be demanded," said Convention assembled in Jackson,
the Capital of the State, in the hall of the House of Representatives
on Monday, the 7th day of January, 1861.
On motion of Mr. Gholson, of Monroe, the Convention, at 12
o'clock, M., was temporarily organized by the election of Henry
T. Ellett, of Claiborne, as Chairman, and Wm. H. H. Tison, of
Itawamba, as Secretary.
Prayer was offered by the Rev. C. K. Marshall, as follows:
Almighty and Everlasting God, we come into Thy presence on this
solemn occasion, so freighted with the interests of all we hold dear as a
people--so momentous in high purposes and holy resolves--most humbly
and earnestly to implore Thee to look down upon us in compassion
and mercy, and vouchsafe to these Thy servants, assembled in General
Convention, the guidance and support of Thy Holy Spirit. This is a day
of sore trial to patriots and Christians, and we are gathered together here
to devise measures of government for our protection and well-being, and
we fear to trust the issues of the conflict, on the formation of our plans, to
mere human wisdom and prudence. We, therefore, devoutly look up to
Thee, praying that Thy Fatherly blessing may so inspire this body that by
their action and labors the cause of liberty, religion, agriculture, commerce,
government, our domestic peace and general prosperity, may be promoted
and maintained; and grant, oh, God, that in the performance of their
weighty obligations, these Thy servants may consummate such measures
as shall result in the establishment of the principles of justice, equality and
brotherly concord,--that national strifes, railing controversies, bitter recriminations
and animosities may be banished from the land, while the vital
doctrines of equality, self-government and constitutional freedom, shall be
maintained and inviolable, and handed down to posterity as a Heaven-ordained
legacy. Thou, oh, God, has seen the malign and mighty agencies
which many of the sister States of this great national family have for years
past employed for our annoyance, reproach and overthrow, as equals in the
Confederated Union; and how they have pursued the purpose of depriving
us of our just rights, and destroying in our midst the institution which Thy
Providence has solemnly bound us to uphold, defend and protect. We
have cried oh, Lord, to Thee, against wrong and discord, fanaticism and
fratricidal strife; and we now beseech Thee, hear the voice of our complaint
and grant us Thy favor. Endue the hearts and understanding of the
members of this Convention with wisdom from above; teach them as the
princes of Thy people the precepts of Thy law, and help them in this
momentous crisis to look up to Thee and rely on Thy blessing, that they
may lay aside all passion, prejudice and unkindness, and in calmness and
self-forgetfulness discharge the duties imposed by their high office. May
they be so guided by Thee that the issue of their labors shall result in
measures of prosperity, public tranquility and domestic repose; and if as
a State and a people we shall again resume the concessions which bind us
to-day to the Federal Union, and in new, untried relations, go forth in pursuit
of the rights and privileges lost in the Union, God of our Fathers, leave
us not to ourselves--be Thou our Leader and our Defence--raise up for us
great and worthy men to utter the words of Thy providential teaching--
shield us from every menacing danger--give unity of sentiment and harmony
of action to all the people--deliver us from the power of our enemies
and from the sword of our brethren abroad. But if the sword be drawn
against us, oh, God of Justice and Mercy, be to us a very present help in
the day of conflict, and victorious in arms, we will ascribe the glory of our
deliverance to Thy Great Name.
And now, Heavenly Father, we commend to Thy special care and blessing
the welfare and interests of the several nationalties, of our own, and
distant lands. Bring the day of general peace; stay the hand that seeks
the blood of a brother; let truth and charity prevail, that Thy name may
be glorified in all the earth. Forgive all our sins--let them not be visited
retributively on our homes, or our country. Make us Thy people, and
deliver us from all evil, and may we never have occasion to regret the steps
we are about to take in the great work that now lies before us. These
favors and blessings we humbly implore in the name, and through the
merits of our Lord Jesus Christ. Amen.
The counties being called in alphabetical order, the delegates
registered their names--two only being absent: J. S.
Yerger, of Washington, and Jas. S. Johnston, of Jefferson.
The Convention proceeded to the election of permanent
officers.
For President--William S. Barry, of Lowndes, was elected
on the third ballot.
The following gentlemen were also voted for: J. L. Alcorn,
H. T. Ellett, Hugh R. Miller, A. M. Clayton, S. J. Gholson, W.
P. Harris, D. C. Glenn, Walker Brooke, J. S. Yerger, Geo. R.
Clayton, J. W. Clapp, Samuel Benton.
For Secretary--F. A. Pope, of Holmes, was elected on the
second ballot--Messrs. Liddell, Dozier and Rowe being also
voted for.
For Door-Keeper--Sam'l Pool, of Hinds, was elected, after
the first ballot, by acclamation--Messrs. Israel and Clingan
being also voted for.
For Sergeant-at-Arms--W. Ivie Westbrook, of Oktibbeha,
was, after the first ballot, elected by acclamation--Messrs. J.
J. Denson and E. Farish being also voted for.
On motion of Mr. Ellett, the rules of the House of Representatives
were adopted, so far as applicable.
On motion of Mr. Lamar, of Lafayette,
Resolved, That a committee of fifteen be appointed to prepare an Ordinance
providing for the withdrawal of Mississippi from the present
Federal Union, with a view to the establishment of a new Confederacy, to
be composed of the seceding States.
The President appointed as the Committe of Fifteen to
prepare Ordinance of Secession:
L. Q. C. Lamar, of Lafayette;
A. M. Clayton, of Marshall;
G. R. Clayton, of Lowndes;
Alfred C. Holt, of Wilkinson;
Wiley P. Harris, of Hinds;
J. Z. George, of Carroll;
S. J. Gholson, of Monroe;
E. H. Sanders, of Attala;
J. L. Alcorn, of Coahoma;
Benjamin King, of Copiah;
H. T. Ellett, of Claiborne;
Orlando Davis, of Tippah;
Walker Brooke, of Warren;
John A. Blair, of Tishomingo.
Hugh R. Miller, of Pontotoc.
On motion, the Convention adjourned till Tuesday morning,
10 o'clock.
SECOND DAY.
TUESDAY, January 8th, 1861.
The Convention met at 10 o'clock, and was opened with
prayer by the Rev. Mr. Harrington.
On motion of Mr Chalmers, of De Soto,
Resolved, That the President of the Convention be authorized to grant
admission to the Hall of such reporters for the public press as he may
deem fit, and to remove the same at his pleasure, until it shall be otherwise
ordered by the Convention.
On motion of Mr. Rogers, of Monroe,
Resolved, That a committee consisting of the number of five be appointed
on election and credentials of members.
Committee--Messrs. Rogers, Wilkinson, Yerger, Reynolds,
and Bookter.
On motion of Mr. Clayton, of Marshall,
Resolved, That the Commissioner from South Carolina, as well as the
Commissioners from any other State, be invited to seats on this floor.
On motion of Mr. Glenn, of Harrison,
Resolved, That the following standing committees, each to be composed
of seven members, be appointed to-wit:
1. A committee on Citizenship in Mississippi.
2. A committee on Federal Jurisdiction and Property in the State of
Mississippi.
3. A committee on Postal Affairs.
4. A committee on the State Constitution.
5. A committee on Military and Naval Affairs.
6. A committee on the formation of a Southern Confederacy.
And that said committees inquire into the matters properly pertaining to
them, and report by Ordinance or otherwise.
Mr. Clayton, of Lowndes, from committee to wait upon his
Excellency, reported that communications had been received
by the Governor which he would lay before the Convention in
due time.
Resolved, That the door-keeper be instructed to furnish each member
of the Convention one copy of the Daily Mississippian during the session.
On motion of Mr. Rogers, of Monroe,
Resolved, That the Judges of the High Court of Errors and Appeals
and the Judges of the Circuit Courts of this State, be invited to seats
within the bar of this Convention.
On motion of Mr. Aldridge, of Yalobusha,
Resolved, That a committee of three be appointed to notify the commissioners
of the various States who may attend this Convention, of the
passage of a resolution by this Convention, inviting them to a seat upon
this floor, and to make necessary and suitable arrangements for that
purpose.
Committee--Messrs. F. M. Aldridge, T. A. Marshall, H. R.
Miller.
On motion of Mr. Walter, of Marshall,
Resolved, That the committee on constitutional amendments be instructed
to report as soon as practicable after its appointment, an amendment
to the Constitution of this State authorizing it to borrow money for the
purpose of military defence, and to pledge the faith of the State for the
repayment of the loan.
On motion of Mr. Anderson, of Hinds,
Resolved, That the door-keeper be required to make arrangements with
the postmaster for the prepayment of postage on all printed matter sent
by the members of this Convention.
The Convention adjourned at 12 o'clock, till to-morrow morning
at 10 o'clock.
THIRD DAY.
WEDNESDAY, January 9th, 1861.
The Convention was called to order at 10 o'clock, A. M., and
was opened with prayer by the Rev. W. C. Crane.
A message, with accompanying documents, were received
from the Governor, and laid on the table for the present.
The Commissioner from South Carolina, Hon. Armistead
Burt, and the Commissioner from Alabama, Judge E. H.
Pettus, being in waiting, were invited in, received by the
President, and took their seats.
Mr. Lamar, chairman of the committee to prepare an Ordinance
providing for the withdrawal of Mississippi from the
present Federal Union, reported the following:
AN ORDINANCE--To dissolve the Union between the State of Mississippi,
and other States united with her, under the compact entitled "The Constitution
of the United States of America."
The People of Mississippi, in Convention assembled, do ordain and
declare, and it is hereby ordained and declared as follows, to-wit:
SECTION 1st. That all the laws and ordinances by which the said State
of Mississippi became a member of the Federal Union of the United States
of America, be and the same are, hereby repealed, and that all obligations
on the part of said State, or the people thereof, to observe the same, be
withdrawn; and that the said State doth hereby resume all the rights,
functions and powers which by any of said laws or ordinances were conveyed
to the government of the said United States, and is absolved from
all the obligations, restraints and duties incurred to the said Federal Union,
and shall from henceforth be a free, sovereign and independent State.
SEC. 2d. That so much of the first section of the seventh article of the
Constitution of this State as requires members of the Legislature, and all
officers, legislative and judicial, to take an oath to support the Constitution
of the United States, be and the same is hereby abrogated and annulled.
SEC. 3d. That all rights acquired and vested under the Constitution of
the United States, or under any act of Congress, passed in pursuance
thereof, or under any law of this State, an not incompatible with this
Ordinance, shall remain in force and have the same effect as if this Ordinance
had not been passed.
SEC. 4th. That the people of the State of Mississippi hereby consent to
form a Federal Union with such of the States as have seceded, or may
secede from the Union of the United States of America, upon the basis of
the present Constitution of the said United States, except such parts thereof
as embrace other portions of such seceding States.
On motion of Mr. Lamar, the Convention, at 11 1/2 o'clock,
went into secret session, and continued therein until 4 1/2 P. M.
The doors being opened, on motion of Mr. Rogers,
Resolved, That a committee of five be appointed as a Council on behalf
of the Convention, to confer with his Excellency, the Governor, upon such
grave matters as he may submit for their consideration.
The consideration of the Ordinance of Secession being
resumed, Mr Yerger, of Washington, offered the following as
a substitute:
An Ordinance, Providing for the final settlement and adjustment of all
difficulties between the Free and Slave States of the United States, by
securing further constitutional gurantees within the present Union.
WHEREAS, For a series of years, a dominant majority in the
non-slaveholding States have evinced, by a regular system of
unconstitutional and unfriendly legislation, a fixed and determined
hostility to the slaveholding States of this Union, and a
total disregard of every obligation of friendship and comity
which should characterize the intercourse and legislation of
friendly States towards each other;
And whereas, also, The citizens of the Southern States have
been denied an equal right with the people of the non-slaveholding
States to enter upon and occupy with their property
the common territory of the Union and to be protected in its
enjoyment therein, and have thus been subjected to a discrimination
against them in the legislation of the General Government,
which, if longer submitted to, will tend to degrade them
in the opinion of the civilized world;
And whereas, also, The leaders and representatives of this
dominant party in the non-slaveholding States have announced
the dangerous and hostile dogma, that a conflict, irrepressible
in character, exists between free and slave labor, and have declared
that agitation on the subject of slavery shall continue
until slavery itself shall be abolished, and to that end have
elected to the Presidency of the United States a man fully
committed to these views, and who stands pledged to bring to
bear all the influence and patronage of the Federal Government
to enforce and carry them into effect;
And whereas, The continued agitation of the slavery question
tends to the disquiet of the people of the slaveholding
States, and illegally and unjustly impairs their constitutional
rights to the quiet enjoyment and use of their property;
And whereas, It is the opinion of this Convention that a
further continuance of the State of Mississippi as a member of
the United States of America, is incompatible with the interests
of the State, and can no longer be submitted to with safety and
honor, unless additional guarantees shall be given by amendments
of the Constitution of the United States, recognizing
and fully securing the rights and equality of the slaveholding
States in the Union, settling forever and finally all further
agitation of the slavery question by the non-slaveholding
States, and in the legislation of the General Government;
And whereas, also, In the opinion of this Convention, the
safest and most efficient remedy to obtain the redress which
the urgency of this occasion demands, and to secure and perpetuate
the blessings of liberty, equality, independence and
peace for which the Union of these States was established,
will be found in a General Convention of all the slaveholding
States, having the same wrongs to redress and a common
interest in the great questions involved in this controversy.
Therefore,
Be it ordained by this Convention, That all the slaveholding
States, or as many of them as will unite therein, be and they
are hereby invited and requested to assemble in Convention,
at Lexington, in the State of Kentucky, on the 10th day of
Februrary next, to take into consideration, the relations which
the slaveholding States shall hereafter occupy towards the
General Government and the other States of this Union, and
also to fix upon and determine what amendments of the Constitution
of the United States are necessary and proper to secure
the rights of the slaveholding States in the Union, and
to finally settle and adjust all questions relating to the subject
of slavery in such manner as will relieve the South from
the further agitation of that question--secure the people of
the slave holding States in the peaceful and rightful enjoyment
of their property, and restore that equilibrium in the
organization of the government essential to a further continuance
of this Union.
Be it further ordained, That in the event such amendments of
the Constitution of the United States, and such measures for
the protection of the Southern slave States shall not be made
and acceeded to by the people of the non-slaveholding States,
then said Convention shall, upon the call of the President
thereof, re-assemble, and shall forthwith organize a separate
Confederacy of the slaveholding States represented in said
Convention and such others as may join therein; and said
Convention shall proceed to form a provisional and temporary
government for said Confederacy, to continue until an election
for delegates can be held for a Convention, and a permanent
Constitution be adopted thereby for the government of the same.
Be it further ordained, That seven delegates to said Convention,
to be held on the 10th of February next, be chosen by
this Convention, to represent the State of Mississippi therein,
and that all the slaveholding States be requested to appoint a
number of delegates equal to the number of their Senators and
Representatives in the Congress of the United States to represent
them in said Convention.
Be it further ordained, That the Governor of this State be required
to furnish the Governors of each of the slaveholding
States with a copy hereof, with a request that the same be
laid before their several Legislatures and Conventions now in
session; and if no Legislature or Convention be in session,
that they be requested to convene their Legislatures to consider
and act upon the propositions herein.
Mr. Alcorn, of Coahoma, submitted the following, as an
amendment to the report of the Minority Committee, (in secret
session.)
SEC.--. Be it further ordained, That this Ordinance shall not
go into effect, until at least the States of Alabama, Georgia,
Florida, and Louisiana shall, through their respective Conventions,
resolve to secede from the Federal Union, and resume
their sovereignty and independence.
Which was rejected by the following vote:
YEAS.--Messrs. Alcorn, Beene, Bonds, Bullard, Cummings,
Denson, Dyer, Farrar, Herring, Hurst, Johnston of De Soto,
McGehee of Bolivar, McGehee of Panola, Myers, Parker, Powell
of Jones, Reynolds, Sanders, Sumner, Stephens, Tison, Thornton,
Winchester, Yerger, Young--25.
NAYS--Mr. President, Messrs. Anderson, Aldridge, Barksdale,
Baldwin, Backstrom, Booth, Brantley, Brooke, Benton,
Blair, Berry, Bolling, Bookter, Clayton of Marshall, Clayton of
Lowndes, Catching, Chalmers, Colbert, Clapp, O. Davis, J. S.
Davis, Dease, Douglas, Deason, Eckford, Edwards, Ellett, Fizer,
Flournoy, Fontaine, George, Glenn, Gibson, Gholson, Gwin, Harris,
Hill, Holt, Isom, Johnston of Jefferson, Jones, Keirn, Keith,
Kennedy, King, Lea, Lamar, Lewers, Lewis, Marshall, Mayson,
Miller of Pontotoc, Miller of Tunica, Neely, Nelson, Orr, Pattison,
Powell of Covington, Ramsey, Roberts, Rogers, Semmes,
Smart, Terral, Taylor, Thompson, Vaughan, Walter, Welsh,
Witty, Winchester, Wilkinson, Woods, Wright.--74.
Mr. Brooke, of Warren, deeming it due to his constituents,
offered the following, as a proviso or additional section to the
original Ordinance:
Provided, That this Ordinance shall not take effect until the
same shall have been ratified by the qualified electors of the
State, and to this end an election shall be held at the various
election precincts of the State, on the first Monday in February,
1861, under the rules and regulations now in force in regard
to the election of State officers. Those voting for the Ordinance
shall endorse on their tickets the word "Ratification,"
and those voting against it the words "No Rratification."
The Governor shall issue writs of election to the several
sheriffs of this State, and a proclamation duly notifying the
people of the holding of said election.
Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Yerger,
and Young--29.
NAYS.--Mr. President, Messrs. Anderson, Baldwin, Backstrom,
Booth, Brantley, Benton, Berry, Bolling, Bookter, Clayton
of Marshall, Clayton of Lowndes, Catching, Chalmers,
Colbert, Clapp, O. Davis, J. S. Davis, Dease, Douglas, Dyer,
Deason, Eckford, Edwards, Ellett, Fontaine, George, Glenn,
Gibson, Gholson, Gwinn, Harris, Hill, Holt, Johnston of
Jefferson, Johnston of De Soto, Jones, Keirn, Keith, Kennedy,
King, Lea, Lamar, Lewers, Lewis, Mayson, Miller of Pontotoc,
McGehee of Panola, Miller of Tunica, Neely, Nelson, Orr, Pattison,
Powell of Covington, Ramsey, Roberts, Rogers, Semmes,
Smart, Terral, Taylor, Thompson, Vaughan, Walter, Welsh,
Witty, Wilkinson, Woods, Wright--70.
The Ordinance of Secession was then read, when the yeas
and nays were called for, and the question of the President,
Shall the Ordinance now pass? was responded to as follows:
YEAS.--Mr. President, Messrs. Alcorn, Anderson, Aldridge,
Barksdale, Baldwin, Backstrom, Booth, Brantley, Brooke, Benton,
Beene, Berry, Bolling, Bookter, Clayton of Marshall, Clayton
of Lowndes, Catching, Chalmers, Colbert, Clapp, O. Davis, J.
S. Davis, Dease. Denson, Douglas, Dyer, Deason, Eckford, Edwards,
Ellett, Fizer, Flournoy, Fontaine, George, Glenn, Gibson,
Gholson, Gwinn, Harris, Herring, Hill, Holt, Isom, Johnston
of De Soto, Johnston of Jefferson, Jones, Keirn, Keith,
Kennedy, King, Lea, Lamar, Lewers, Lewis, Mayson, McGehee
of Bolivar, McGehee of Panola, Miller of Pontotoc, Miller
of Tunica, Neely, Nelson, Orr, Pattison, Powell of Covington,
Powell of Jones, Ramsey, Roberts, Rogers, Semmes, Smart,
Sumner, Stephens, Terral, Tison, Taylor, Thompson, Vaughan,
Walter, Welsh, Witty, Wilkinson, Woods, Wright--83.
Only one member of the Convention was absent--John H.
Wood, of Attala. Pending the final vote, several members
gave their reasons for voting in the affirmative.
Mr. Alcorn thought a different course in regard to the settlement
of the controversy should have been adopted. But,
said he, the die is cast--the Rubicon is crossed--and I enlist
myself with the army that goes to Rome. I vote for the
Ordinance.
Mr. Brooke, of Warren, said: I throw myself on the indulgence
of the Convention for a short explanation of the vote I
am about to cast. I was elected by a large majority, as what
is known as a co-operationist--which means, as I understand
it, one who was in favor of united Southern action for the purpose
of demanding further guarantees, from the North, or,
failing in that, the formation of a Southern Confederacy. I
have, to the best of my humble ability, endeavored to carry
out the views of my constituents in these respects. I have
acted in good faith, and with no desire to make a factious opposition.
I have failed. Previous co-operation, or co-operation
before secession, was the object of my desire. Failing in
this, I am willing to take as the next best, subsequent co-operation,
or co-operation after secession. The former is now
impossible. I, therefore, am willing to adopt the latter.
Should I vote against the Ordinance, after what has passed, I
should vote for this Convention to do nothing. Shall this
Convention adjourn without action? Should we do so, we
would make ourselves obnoxious to the scorn and ridicule of
the world. The next breeze from the North, or from the East,
may bring to our ears the clash of resounding arms. Perhaps
already the calm and peaceful waters of Charleston Bay are
dyed and tinged with the blood of our friends and countrymen.
In this emergency, should we do nothing, a shout of exultant
derision would go up from our foes--
"As wild a yell
As is the fiends from heaven that fell,
Had raised the banner cry of hell."
Influenced by considerations of this sort, which I cannot
now more fully express, I therefore feel it my duty, painful as
it may be, to part from those with whom I have heretofore
acted, to assume the responsibility of casting at least one of
the votes of Warren county for the passage of the Ordinance
as reported.
Mr. Flournoy, of Pontotoc, said we were now called upon to
exercise a solemn act of sovereignty on the part of Mississippi.
He believed that the passage of the Ordinance absolved every
citizen of this State from allegiance to the United States.
Until this is done, any citizen of the State who might take up
arms against the United States, would, in his opinion, be a
traitor; and, so help him God, no act of his should place a
citizen of Mississippi in that position. He should vote for the
Ordinance.
Mr. Herring, of Pontotoc, said that he was elected as a
co-operationist, and he had voted in the affirmative on three
distinct propositions which had been voted down by this Convention,
and which embraced what he believed to be the views
of a large majority of the voters in his county. He had
pledged himself thus to vote, except on the second proposition
--the minority report--which embraced only six States--he
being pledged to co-operation with eight. He had voted for
the minority report, because he preferred it to an unconditional
Ordinance. Having thus tried to carry out what he believed
to be the wishes of his constituents, and knowing that the
Ordinance would be adopted, he saw no further use for apparent
division among the people of Mississippi, but on the contrary,
great necessity for union, and he therefore cast his vote
for the Ordinance.
Mr. Sumner, of Calhoun, having discharged his duty to his
constituents, thought he could now best serve his State by
voting for the Ordinance.
Mr. Stephens, of Calhoun, said: I was elected to this Convention
as a co-operationist. Every vote I have cast since the
Ordinance of Secession has been before the Convention, has
been cast, to carry out, in good faith, the wishes of a majority
of my constituents. I came not to set up a factious opposition
to the position that Mississippi is now about to assume. No,
far be it from me. I am Mississippian to the core. I love
my adopted State--I love her lofty hills and shady groves.
All that is dear to me on earth is within her borders. Then
let her destiny be what it may, I am with her heart and hand.
Amendment after amendment has been proposed to the Ordinance
from this side of the house, and each in turn have been
voted down by an overwhelming majority, until the proposition
has now narrowed down to submission or secession, and as
between the two, I am for secession. I vote for the Ordinance.
Mr. Blair, of Tishomingo, stated why he should vote in the
negative. He deemed it the highest duty of a delegate to be
faithful to the last to the people he represents. No amount of
opposition could induce him to act unfaithful to his constituents.
An apparent desertion at this time would only tend to
exasperate and divide his people. When his vote was cast
his duty was performed, and he could go home to his constituents
finding them ready to stand up to whatever course the
Convention might seem proper to adopt.
Mr. Bullard, of Itawamba, conscientiously thought that a
different plan should have been adopted. He should vote
against the Ordinance; but he would pledge Itawamba for
fifteen hundred volunteers to any enterprise for the defence
and integrity of the State.
The vote being announced, the President called on the Rev.
Mr. Harrington to offer prayer in behalf of the new-born
Republic, which, in substance, is as follows:
Almighty God! we, the people of the State of Mississippi, in convention
assembled, have, in this solemn hour, dissolved the connection which
bound us in union with our sister States. In this exercise of that sovereignty
with which Thou hast ordained us as a free people, we resume the
powers delegated to the Federal Union. To Thee, O, God, we look, in this
eventful hour, for guidance and safety. We have heard it with our ears,
our fathers of old have told us, that in all Thy Providences, Thou art
pledged to the protection and defence of civil and religious liberty. To
this end let Thy blessings rest upon this new-born Republic. May the
glory of State dawn and culminate upon her future. May her sons be the
sons of freemen forever! May the people of Mississippi be armed with the
mind which was in their fathers; so that they may ever, as in this hour,
bring to her defence and safety their fortunes, their lives and their sacred
honor. Her action in the present emergency, we feel, is not the act of a
rash and false patriotism; but a patriotism that, while it would not dare to
do wrong, neither would it deign to suffer wrong. Since, in Thy Providence,
Thou hast made our interests the same, we pray for a united South.
May the future witness her prosperity and glory to be far above that which
has attended her past. And when the glory of State shall rest upon her,
the glory shall be Thine, for Thine is the Kingdom, the power and the glory,
forever and ever. Amen.
On motion, the President was requested to have the Ordinance
of Secession written on parchment, and appropriately
arranged for the signatures of the members; also, to telegraph
the result of this day's proceedings to the Mississippi delegation
in Congress, and to the different slaveholding States.
At this point, Mr. C. R. Dickson entered the hall, bearing a
beautiful silk banner, with a single star in the centre, which
he handed to the President of the Convention as a present
from Mrs. H. H. Smyth, of Jackson. The President
remarked that it was the first banner unfurled in the young
Republic, when the members saluted it by rising--the vast
audience present uniting in shouts of applause.
The Convention adjourned till Thursday morning, 10 o'clock.
FOURTH DAY.
THURSDAY, January 10th, 1861.
The Convention was called to order at 10 o'clock A. M., and
was opened with prayer by the Rev. Jno. Hunter.
The President announced the following Standing Committees:
Committee on Citizenship in Mississippi.--Brooke, Orr, Clayton of
Lowndes, E. F. McGehee, Hill, Dyer and Neely.
Committee on Federal Jurisdiction and Property.--Harris, Walter, Marshall,
George, Wilkinson, Wright and Stephens.
On Postal, Financial and Commercial Affairs.--Clapp, Gholson, Miles
H. McGehee, Jones, King, Keirn, and Bullard.
On the State Constitution.--Miller, Ellett, Yerger, Baldwin, Beene, Bolling,
and Herring.
On Military and Naval Affairs.--Chalmers, Brantley, Welsh, Fontaine,
Smart, Fizer and Tison.
On Southern Confederacy.--Glenn, Lamar, Hurst, Aldridge, Douglas,
Johnston of Jefferson, and Lewis.
On motion of Mr. Orr,
Resolved, That the Hon. Armistead Burt, commissioner from the Republic
of South Carolina, and Hon. E. H. Pettus, commissioner from the State of
Alabama, be requested to address the Convention, and that a committee of
five be appointed to make the necessary arrangements, and to wait upon
those gentlemen and ascertain whether it would be desirable to them that
the Convention should go into secret session when it may suit them to
address the Convention.
Mr. Welsh offered the following:
Be it Resolved, That it is the opinion of this Convention that the Legislature
of this State, shortly to convene, ought to pass an act which will effectually
prevent the introduction of slaves into this State from any other State
or country whatever, unless the owner of said slaves accompany them,
with the bona fide intention of becoming a citizen of the State of Mississippi.
Mr. Welsh having briefly advocated the resolution, Messrs.
Benton, Wright, Ellett and H. R. Miller spoke against it; and
on motion of Mr. Fontaine, the resolution was laid on the table.
Mr. Dyer offered a resolution instructing the Committee on
Military Affairs to inquire into the propriety of erecting batteries
at Vicksburg, Natchez, and at other points on the
Mississippi river, which resolution, after considerable discussion,
was laid on the table; and,
On motion of Mr. Harris,
Resolved, That the Committee on Military and Naval Affairs be instructed
to report an Ordinance to this Convention creating a Military Board, and
amending the Constitution of the State in the 5th Article, so as to authorize
the volunteers companies to organize into battalions, regiments and brigades,
and to elect field officers.
The following communication was read:
TO THE HON. WM. S. BARRY, PRESIDENT--Sir: I have the honor to
lay before the Convention of the people of the State of Mississippi, my
credentials as Commissioner from the Convention of the people of the State
of South Carolina, and to inform that body that I am prepared to enter
immediately upon the discharge of the duties of my mission.
With high considerations, I am, sir,
Your obedient servant,
ARMISTEAD BURT.
Mr. Gholson read the following for information:
IN CONVENTION, JACKSON, Miss.,
January 10th, 1861.
To the President of the United States--Sir: On the 9th day of January,
A. D., 1861, the sovereign State of Mississippi, by her Ordinance, dissolved
her connexion with the late Federal Union, and annihilated all Federal
jurisdiction and authority within her limits. Consequently, it is proper for
me to inform you that upon this dissolution of the Union, my function and
authority as District Judge ceased, and became utterly extinct from and
after that date.
I am, sir, your ob't servant,
S. J. GHOLSON.
On motion of Mr. Gibson, of Issaquena,
Resolved, That the Hons. L. P. Conner and John Perkins, delegates
elected to the State Convention of Louisiana, be invited to seats within
the bar of the Convention, and that a committee of three be appointed to
inform the gentlemen of the invitation.
On motion of Mr. Chalmers, of De Soto, Major Earl Van Dorn
was invited to a seat within the bar of the Convention.
The President announced as the committee to wait upon the
South Carolina and Alabama Commissioners, Messrs. Orr,
Alcorn, Eckford, Woods, and Witty.
The Convention, then, on motion of Mr. Gholson, went into
secret session.
The following resolutions were passed therein, the obligation
of secresy being removed from the same:
Resolved, That the State of Mississippi recognizes the State of South
Carolina as a sovereign and independent nation, and will correspond and
treat with her as such.
Resolved, That the postmasters, and other officers or agents connected
with the mail service in this State, be required to continue to discharge
their duties until otherwise ordered by this Convention.
FIFTH DAY.
FRIDAY, January 11th, 1861.
The Convention was called to order at 10 o'clock, A. M., and
was opened with prayer by the Rev. T. W. Caskey.
On motion of Mr. Gholson, of Monroe,
Resolved, That a committee of three be appointed to report on the enrollment
of the Ordinance to dissolve the union between the State of Mississippi
and other States united with her under the compact entitled "The
Constitution of the United States of America."
Committee--Messrs. Clayton, Harris and Ellett.
Mr. Winchester, of Adams, addressed the Convention on the
powers of the Convention, dissenting from the proposition that
"we are the people in sovereign power assembled, with the
entire sovereignty of the State vested in us."
The President announced as the
Committee on Ways and Means--Messrs. Wright, Benton,
Anderson, Catching, Alcorn, Gibson and Denson.
On motion of Mr. Tison,
Resolved, That the President of this Convention appoint a committee of
three to prepare a Hall for the accommodation of this Convention during
the sitting of the Legislature.
On motion of Mr. Anderson,
Resolved, That the signing of the Ordinance of Secession be postponed
until to-morrow at 12 o'clock, M.
Mr. Benton offered the following, which was referred to the
Committee on Citizenship:
Resolved, That all citizens of the United States domiciled within this
State on the adoption of the Ordinance of separation, January 9th, 1861,
be regarded as citizens of Mississippi, entitled to all the rights and
privileges and subject to all the liabilities incident thereto.
Mr. Clapp, from committee on Postal Affairs, submitted an
Ordinance, which was ordered to be printed. Mr. Clapp
addressed the Convention in explanation of said Ordinance.
The President announced as the
Temporary Executive Council--Messrs. F. M. Rogers, J. L.
Alcorn, A. M. Clayton, W. P. Harris, Alfred C. Holt.
Mr. Clayton, of Marshall, submitted the following report:
The committee to whom was assigned the duty of comparing
the Ordinance of Secession as enrolled with the original Ordinance
as adopted, beg leave to report that they have performed
the duty entrusted to them, and that they find the Ordinance
prepared for the signatures of the delegates to be a true and
perfect transcript of the original.
On motion of Mr. George,
Resolved, That the resolution heretofore adopted by this Convention
inviting Judges of the High Court of Errors and Appeals to a seat in the
Convention be so extended as to include all persons who have heretofore
held that office or the office of justice of the old Supreme Court of this State.
The Hon. Armistead Burt, Commissioner from the Republic
of South Carolina to Mississippi, addressed the Convention.
After which the Convention adjourned till Wednesday
morning at 10 o'clock.
SIXTH DAY.
SATURDAY, January 12th, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. D. A. Snow.
The President announced the committees on engrossed and
enrolled bills.
Mr. Dyer offered a resolution instructing the Committee on
Ways and Means to inquire into the expediency of this State
issuing bonds, or certificates of deposit, the interest and one-tenth
of the principal to be expended in the military defence of
the State. The resolution was appropriately referred.
Mr. Chalmers, from the Committee on Military and Naval
Affairs, submitted a report, which was ordered to be printed.
Mr. Brantley submitted "An Ordinance to provide for surveys
and fortification of military sites within the State of
Mississippi," which was ordered to be printed.
On motion of Mr. Ellett,
Resolved, That all Ordinances that may be passed by this Convention
shall be enrolled by the Secretary in a fair hand, on suitable paper, and
shall be signed by the President, with the date of the passage thereof, and
deposited in the office of the Secretary of State for preservation.
Mr. Fontaine offered the following Ordinance, which was
referred to the Committee on Southern Confederacy:
Resolved, Be it ordained, by the, people of Mississippi in Convention
assembled, that the Chickasaw, Choctaw, Creek and Cherokee Nations
respectively be invited to appoint delegates to the Convention of the slave-holding
States to assemble at Montgomery, Alabama, on the first Monday
in February next, to share in its deliberations in organizing a government
for a Southern Confederation; and that said nations be severally invited to
enter into a confederation on equal footing with the other slave-holding
States; and,
Be it further ordained, by the authority upon said nations, that the
Governor of this State be authorized and required to appoint and accredit
one or more Commissioners to the said Chickasaw, Choctaw, Creek and
Cherokee Nations to confer with their respective governments in relation to
the foregoing propositions, and that it shall be the duty of the Legislature
of the State to make an appropriation by law to defray the expenses of said
Commissioner or Commissioners.
Mr. Clayton, of Marshall, offered an Ordinance, amending
the ninth section of the seventh article of the Constitution of
this State, so far as to suspend the force and effect of that part
of said section, which required the action of two successive
Legislatures to pass a law to raise money, and pledge the
faith of the State for the payment thereof, until the difficulties
now existing between this State and other foreign States or
Governments are adjusted.
The Ordinance was appropriately referred.
Mr. Smart submitted the following, which, with information
accompanying it, was ordered to be printed:
Resolved, That the Committee on Military Affairs be instructed to report
an Ordinance to form out of the troops provided by an Ordinance entitled,
"An Ordinance to regulate the military system of the State," one Brigade
of regular troops, to consist of two regiments of Infantry, three squadrons of
Cavalry, and one battery of Light Artillery, to be organized, armed and
equipped as in the army of the United States, to be commanded by one of
the Brigadier-Generals, and to be subject to all the rules and regulations
provided for in the Ordinance above referred to.
On motion of Mr. Brooke,
Resolved, That the following words be, by the enrolling Clerk, appended
at the end of the Ordinance of Secession: "In testimony of the passage of
which and the determination of the members of this Convention, to uphold
and maintain the State in the position she has assumed by said Ordinance,
it is signed by the President and members of this Convention, this the
--day of January, A. D. 1861.
On motion of Mr, Ellett,
Resolved, That the signing of the Ordinance of Secession be postponed
until Tuesday next, at 11 o'clock.
On motion of Mr. Gholson,
Resolved, That the Auditor of Public Accounts be instructed to report
to this Convention the number of acres and value of land, including town
lots, subject to taxation; also, the number of negroes, and the value of
other personal property, including the sales of merchandize, and amount
of money loaned at interest in this State.
On motion, the Convention went into committee of the
whole on the Ordinance to provide for postal arrangements in
Mississippi.
After some discussion and sundry amendments, the Ordinance
was reported back to the Convention, ordered to be
engrossed, and made the special order for Monday at 10 o'clock.
On motion of Mr. Lamar, the Convention went into secret
session, and continued therein until adjournment for the day.
The following resolution, offered by Mr. Harris in secret
session, was unanimously adopted, and the injunction of
secresy removed from the same:
Resolved, That the people of Mississippi recognize the right of the free
navigation of the Mississippi river, for commercial purposes, in time of
peace, by all States occupying its banks, and that they are willing to enter
into proper stipulations to secure the enjoyment of that right.
SEVENTH DAY.
MONDAY, January 14th, 1861.
The Convention met at 10 o'clock, A. M.
The President read a telegraphic dispatch, dated Washington,
12th, announcing the formal withdrawal of the Mississippi
members of the House that morning.
Mr. Harris, from Committee on Federal Jurisdiction and
Property, submitted all Ordinance, which was ordered to be
printed, and made the special order for 11 o'clock on Wednesday
next.
On motion of Mr. Chalmers, the Convention went into committee
of the whole on the Ordinance reported by the Committee
on Military and Naval Affairs.
After considerable discussion, and sundry amendments, the
committee rose, reported progress, and asked leave to sit again
on Thursday at 12 o'clock.
Mr. Anderson, from committee to prepare a hall for Convention
during the session of the Legislature, reported that the
new Concert Hall was being put in readiness for that purpose.
After some discussion as to the joint use of Representatives'
Hall, on motion of Mr. Jones,
Resolved, That a committee of three be appointed to propose to the
House of Representatives that the use of this Hall be yielded to this Convention
from and after 2 o'clock, P. M., each day, while both bodies are in
session.
Mr. King offered a resolution requiring the Secretary to
have the proceedings of the secret sessions separately recorded.
Before the resolution was disposed of,
On motion of Mr. Chalmers, the Convention went into secret
session, and continued therein until adjournment for the day.
The following resolution was adopted in secret session, and
the injunction of secresy removed from the same:
Resolved, That the Postmaster at Jackson, Miss., be furnished by the
Doorkeeper with a number of printed copies of said Ordinance, as amended,
providing for Postal Arrangements in Mississippi, sufficient to supply
with a copy every postmaster in said State of Mississippi.
EIGHTH DAY.
TUESDAY, January 15th, 1861.
Convention met pursuant to adjournment.
The President announced as the committee to confer with
the House of Representatives relative to the joint use of hall,
Messrs. Jones, O. Davis and Young.
Mr. Glenn, chairman of Committee on Southern Confederacy,
submitted a report, which was ordered to be printed, and made
the special order for Wednesday, at 11 o'clock.
The special order, Mr. Smart's resolution, providing for one
brigade of regular troops, was taken up, considered, and laid
on the table.
The President announced as the
Committee on Indian Affairs--Messrs. Fontaine, Benton, Reynolds,
Orr and Keith.
On motion of Mr. Rogers,
Resolved, That Col. John A. Wilcox, a member elect to the Convention
of the State of Texas, be invited to a seat within the bar of this Convention.
Also, the President of the Senate and Speaker of the House of Representatives
of the Legislature.
Mr. Brooke, from Committee on Citizenship, submitted a
report, which was laid on the table and ordered to be printed.
Mr. Ellett moved that the Convention proceed with the
regular order--signing the Ordinance of Secession.
On motion of Mr. Clayton, of Marshall,
Resolved, That when the Convention proceeds to sign the Ordinance of
Secession, it be first signed by the President and attested by the Secretary
of the Convention; that the counties be then called in alphabetical order,
and that the delegates affix their signatures in the order in which their
counties and their own names are called.
Resolved, also, That the Governor of this State, and the Senate and House
of Representatives be invited to be present, at the time the same is signed.
On motion of Mr. Brantley,
Resolved, That the President of the Convention appoint a committee of
three to inform his Excellency the Governor that the Convention is about
to proceed to sign the Ordinance of Secession, and invite him to be present.
A letter was read from the Treasurer's Department, in connection
with the presentation of a gold pen to the President,
with which the in members might sign the Ordinance.
Mr. Chalmers said he wished to sign the Ordinance with a
pen of his own, which he intended to transmit to some of his
posterity.
Mr. Tison, from committee to wait upon His Excellency,
reported duty discharged.
The Ordinance of Secession was then, in alphabetical order
of counties, unanimously signed, with the exception of three
absentees. The first signature was attached at twenty minutes
past 11 o'clock, A. M., the last, at fifteen minutes to 1 o'clock,
P. M.
On motion of Mr. Ellett,
Resolved, That the Secretary of State be requested to cause the Ordinance
of Secession to be suitably framed for its better preservation in his office.
Mr. Wright, from the Committee on Ways and means, presented
a report from the majority of that committee, which
was ordered to be printed.
Mr. Alcorn presented a minority report, which he desired to
have considered in connection with the majority report, and
which was also ordered to be printed.
On motion of Mr. Glenn,
Resolved, That the Committee on a Southern Confederacy be instructed
to inquire as to the propriety of appointing a commissioner or commissioners
whose duty it shall be to visit the city of Washington, and lay before the
President of the United States an authentic copy of the Ordinance of Secession
passed by this Convention, and confer with him upon the future relations
and intercourse of that government and the government of the State
of Mississippi, and report by resolution or otherwise.
The Convention adjourned till Wednesday morning, 9 1/2
o'clock.
NINTH DAY.
WEDNESDAY, January 16th, 1861.
Convention met pursuant to adjournment.
Mr. Clayton of Lowndes, offered a series of resolutions
relative to the powers and duties of this Convention--that it
was called by the people for a specific purpose, to-wit: the secession
of the State from the Federal Union, and the formation of
a Southern Confederacy, and that its powers and duties are
limited to that end, and such incidental subjects as may be
necessary to accomplish the same. The resolutions were
ordered to be printed.
Resolved, That the Committee on Military and Naval affairs be instructed
to inquire what measures, if any, are necessary for the protection and
defence of the Sea Coast of the State of Mississippi, and the Islands contiguous
thereto, and report thereon as speedily as possible, by Ordinance
or otherwise.
Mr. Barksdale, from Committee on Enrolled Bills, reported
the Ordinance on Postal Arrangements correctly enrolled.
On motion of Mr. Harris, the Convention went into committee
of the whole on the report of the Committee on Federal Jurisdiction
and Property in Mississippi.
After some discussion, and sundry amendments, the committee
reported the bill back to the Convention, when it was
concurred in and ordered to be enrolled.
On motion of Mr. Glenn the next special order was taken
up--the report of the committee on Southern Confederacy.
The consideration of this report occupied the balance of the
day, and night session,--Messrs. Glenn, Benton, Wright, Clapp,
Chalmers, Clayton of Marshall, Harris and Barry discussing it
at considerable length.
On motion of Mr. Anderson, the committee rose, reported
bill back to the Convention, and recommended its passage,
which was received and agreed to.
On motion of Mr. Anderson,
Resolved, That when the Convention goes into secret session that it shall
be on such matters exclusively as should be considered in secret session
only, and that all other matters be ruled out of order by the President.
Mr. Jones, from Committee to confer with the Legislature,
relative to use of hall, submitted a report, which was received
and agreed to: that the House of Representatives, have, by
resolution, agreed to yield occupation of the Hall to this Convention,
from and after the hour of 2 o'clock, P. M. on each
day, while both bodies are in session.
On motion of Mr. Gholson, the Convention adjourned till
to-morrow, 2 o'clock, P. M.
TENTH DAY.
THURSDAY, January 17th, 1861.
Convention met pursuant to adjournment.
On motion of Mr. Fontaine,
Resolved, That F. A. Pope, the Secretary of this Convention, and T. S.
Hardee, who obligingly and gratuitously enrolled on parchment the Ordinance
of Secession adopted by this body, be and they are hereby invested
with the exclusive right to lithograph for their joint use and benefit, the
said Ordinance, and the signatures thereto.
A tabular statement was received from the Auditor of Public
Acounts, showing the assessment of personalty in the
State of Misissippi, together with the number of acres and
value of taxable lands for the year 1860:
State tax, 1860, on personalty, . . . . .$454,276 00
State tax on 20,182,800 acres of land, now taxable, valued at
$143,000,000, . . . . .286,000 00
Total tax . . . . .$740,276,00
Mr. Deason, from committee on enrolled ordinances, reported
as correctly enrolled, the Ordinance on Federal Jurisdiction
and Property in the State of Mississippi.
On motion of Mr. Harris, said Ordinance was taken up for
consideration, and, on his further motion, the Ordinance was
passed.
The next special order, the resolutions relative to a Southern
Confederacy, was taken up for consideration.
Mr. Barksdale offered an amendment providing for the election
of delegates to the Montgomery Convention from the several
Congressional Districts. This Amendment gave rise to
an animated discussion, and was adopted (though subsequently
reconsidered and rejected)--46 voting for, and 35 against the
proposition.
Mr. Gholson offered an amendment to the 1st section, by
inserting after the word "delegate," the words "who are not
members of this Convention," which was lost--30 for, 61
against.
Mr. Gholson also moved to amend by inserting after the
word "those" in the same section, the word "slaveholding,"
which was lost--23 for, 67 against.
Mr. Ellett offered an additional section, which was adopted,
to the effect that the people of Mississippi, not desiring
to bind their representatives by peremptory instructions,
would nevertheless prefer that the Convention to be assembled
at Montgomery should confine its action to the subject of the
formation of a Provisional Government for the States represented
therein, referring the same back to the existing Conventions
of said States for ratification, and for the election of Senators
and Representatives in the Congress to be created, etc.
The various amendments being thoroughly discussed, on
motion of Mr. Lamar, the ordinance was refered back to the
committee with instructions to frame and report another one.
Mr. Miller from committee on State Constitution, submitted
a report, which was ordered to be printed.
The Convention adjourned till to-morrow at 2 o'clock, P. M.
Convention met pursuant to adjournment, at 2 o'clock P. M.
On motion of Mr. Chalmers, the Ordinance on Military Affairs
was re-committed to the committee, with instructions to report
again.
On motion of Mr. Welsh,
Resolved, That a committee of five be appointed by the President of this
Convention to confer with a general committee of the like number of the
Senate and House of Representatives, as to the course which the two bodies
propose to adopt in regard to the various subjects of legislative action,
growing out of the present position of the State, and also as to the propriety
of the adjournment of one of said bodies to a future day; and that the said
two Houses of the Legislature be invited to concur in the proposed conference
between the said two Houses and this Convention.
On motion of Mr. Orr, the Convention went into secret
session.
After some time spent therein, the Convention resolved itself
into Committee of the Whole, on the Ordinance to provide
means for the defence of the State.
Mr. Walter offered a substitute for the majority and minority
report.
The following, offered by Mr. Baldwin for information, gave
rise to considerable discussion:
Resolved, That the Committee on Ways and Means be and it is hereby
instructed to report an Ordinance providing for raising so much money
as will be necessary to fully arm and equip for the field, eight regiments of
volunteers, and leave a balance of two hundred and fifty thousand dollars
unexpended; and providing, that said sum shall be raised by a tax on the
negro property, the land, exempting all homesteads containing not more
than 100 acres; and upon all money loaned at interest, whether in the
State or out of it, belonging to our citizens; and providing, that one-half
of said tax shall be collected immediately, and the other half in October
next; and further providing that said tax may be realized as needed, by
the proper authorities, at a discount not exceeding ten per cent per annum.
On motion of Mr. Walter, the Committee rose and reported
progress.
On motion of Mr. Marshall,
Resolved, That the Auditor of Public Accounts be required to furnish the
Convention a statement of the aggregate amount of the tax assessed on real
and personal property in this State for the current fiscal year; the amount
of Auditor's Warrants, now issued, and an estimate of the ordinary expenditures
of the State during the present year.
Resolved, That the Committee on Military and Naval Affairs be instructed
to ascertain and report to the Convention the number and character of arms
now owned by the State, and the additional arms, &c., necessary to equip
and prepare for the field all the troops proposed to be raised for its efficient
defence, and the probable cost thereof.
The Convention adjourned till Saturday, 2 o'clock, P. M.
Convention met pursuant to adjournment, at 2 o'clock, P. M.
On motion of Mr. Clayton, of Marshall,
Resolved, That a committee, consisting of five, be appointed to call the
attention of the planting interest of the State, by a short address to the
people, to the vast importance, under existing circumstances, of home
production in the State of Mississippi, of a supply of provisions for all its
wants, and to urge upon them especial reference to this subject in planting
the crop of the present year.
Committee--Messrs. G. R. Clayton, Vaughan, McGehee, Lea
and Keirn.
The President directed the following dispatch to be read:
JEFFERSON CITY, MO., January 16th, 1861.
Gov. J. J. PETTUS--The Convention bill has just passed with great
unanimity. Election 18th February.
DAN R. RUSSELL.
Messrs. A. Pattison, of Tallahatchie, and J. H. Edwards, of
Choctaw, who were absent on the 15th, signed the Ordinance
of Secession.
On motion of Mr. Gholson,
Resolved, That the Convention confirm the appointment of Commissioners
heretofore made by the Governor of this State under a resolution of the
Legislature of Mississippi, approved 30th day of November, 1860.
On motion of Mr. Orr, the Convention went into committee
of the whole on the Ordinance on Citizenship in Mississippi.
Messrs. Brooke, Walter, Barry, Alcorn, Dyer, Ellett, Harris,
Aldridge, Orr and O. Davis, discussed the Ordinance, when
Mr. Brooke offered a substitute, which was adopted, and after
being reported back to the Convention, was ordered to be
engrossed. Mr. Brooke, on a subsequent day, withdrew this
substitute, and the Ordinance originally reported, with a few
amendments, was adopted.
The following communication, handed to the President by
Mr. Miller, of Pontotoc, was read, and ordered to be spread
upon the journals:
JACKSON, Miss., January 12th, 1861.
HON. WM. S. BARRY, President of the Convention--Sir: The objects of
my mission to the Convention of the people of Mississippi having
been accomplished, my official relation to that body is at an end. I
cannot take leave of that body without expressing my sense of the alacrity
and hereoism with which it has met and discharged its high duties. Its
generous appreciation of the action of South Carolina, and its noble sentiments
of fraternal consideration and regard for that State, excite my sincere
and profound gratitude. The counsels of Mississippi and South
Carolina are now united, and their hands clasped in a common and
glorious cause. I will not repress my own feelings by omitting to say
how deeply sensible I am of unmerited kindness and hospitality from the
whole State of Mississippi--her Executive Department, her Convention,
her Legislature, and her people--to myself, officially and individually. I
have the honor to assure the Convention, and you, Sir, of the high consideration
with which I am their and your obedient servant,
ARMISTEAD BURT.
On motion of Mr. Ellett,
Resolved, That when this Convention adjourns to-day, it adjourn to
meet at Concert Hall on Monday next, at 10 o'clock, A. M.
Mr. Miller, from Committee on State Constitution, to which
was referred a resolution instructing it to inquire into the
propriety of preparing an appropriate Flag and Coat of Arms
emblamatic of the independence and sovereignty of the State,
asked to be discharged from the further consideration of the
subject, and moved its reference to a special committee of
five.
Committee--Messrs. Clapp, Ellett, Thompson, Ramsey and
Young.
Mr. Miller, from same committee, to which was referred the
Ordinance providing for the appointment of ambassadors,
ministers, consuls, &c., to foreign governments, and for the
appointment of an Executive Council, reported that they did
not deem it expedient or necessary to take any action thereon
at the present time, and asked to be discharged from the further
consideration thereof. Which was received and agreed to.
The consideration of the revenue bill being resumed.
Mr. Anderson submitted, for information, a basis for State
loan, the adoption of which, he said, would immediately secure
half a million of dollars, and not conflict with any other plan
before the Convention. It was ordered to be printed.
Mr. Aldridge, also, submitted "an Ordinance to raise means
for the defence of the State," which was ordered to be printed.
Mr. Berry offered a resolution instructing the Committee
on Ways and Means to report an Ordinance levying a special
tax of one dollar and twenty-five cents on each slave in this
State under sixty years of age, and the same amount on every
hundred dollars of money loaned at interest by individuals, or
employed by them in the purchase of bonds, bills, notes, or
other securities for money, whether the same be loaned or
employed within or without the limits of the State; and also
a tax on all other taxable property of the state, equal to the
tax now required by law.
On motion of Mr. Chalmers, the further consideration of the
bill was postponed until Monday at 10 o'clock.
On motion of Mr. Harris,
Resolved, That the late Clerks of the District and Circuit Courts of the
United States be and they are hereby authorized to make and certify transcripts
of the records of said courts, as heretofore provided by law, and be
authorized to allow inspection of the records and files of said courts under
the regulations heretofore existing therein.
Mr. Orr stated that the President of the Convention would
necessarily be absent from the city until a late hour on Monday
and on his motion,
Mr. Ellett was elected President pro tem of the Convention.
On motion of Mr. Gholson, the Convention adjourned till 7
P. M., to meet at that hour in secret session.
The Convention was in secret session till nearly 10 o'clock,
A resolution was passed to meet in the Masonic Hall on Monday
morning at 9 o'clock.
Mr. Harris introduced a bill in secret session, which was
passed, and the obligation of secresy removed from the same,
enabling the Governor to borrow money to sustain the troops
of this State now in the field.
The following resolutions, offered by Mr. Lamar, were also
adopted in secret session, and the injunction of secresy removed
therefrom:
Resolved, That this Convention, sympathizing with South Carolina in her
present condition, accepts her invitation to meet with the seceding States
for the purpose of forming a Southern Confederacy.
Also,
Resolved, That the President be requested to furnish the Hon. Armstead
Burt, Commissioner from the State of South Carolina to the State of Mississippi,
with an authentic copy of the Ordinance of Secession, and an authentic
copy of the resolution recognizing the State of South Carolina as a sovereign
and independent nation, adopted by this Convention, and that he be
requested to submit the same to the Executive authority of the State of
South Carolina.
Resolved, That we perform a pleasent duty in testifying to the authorities
of South Carolina our appreciation of the very able and acceptable manner
in which their Commissioner, Hon. Armistead Burt, has fulfilled the important
duties of his delicate mission.
THIRTEENTH DAY.
MONDAY, January 21st, 1861.
Convention met pursuant to adjournment, in the Masonic
Hall, at 10 o'clock, A. M.
On motion of Mr. Alcorn,
Resolved, That J. L. Power, Reporter for Daily Mississippian, be invited
to a seat during the secret sessions of this Convention.
The consideration of the revenue bill being resumed, on
motion, the Convention went into secret session, and continued
therein until the hour of adjournment for the day, 6 o'clock,
P. M.
Convention met pursuant to adjournment, in the Masonic
Hall, at 10 o'clock, A. M.
Mr. Gholson moved to reconsider the vote by which the
amendment offered by Mr. Berry to the revenue bill was
adopted. The motion to reconsider was laid on the table--45
yeas, 33 nays.
Mr. Mayson, from Committee on Engrossed Ordinances, reported
the Ordinance on Citizenship in Mississippi correctly
engrossed.
Said Ordinance being the special order, Mr. Brooke requested
that the Ordinance be recommitted to the committee.
On motion of Mr. Chalmers, the Ordinance reported by him
yesterday on Military and Naval Affairs, was taken up, considered
by sections, and after sundry amendments, was
ordered to be engrossed.
Mr. Wright presented a report from the Committee on Ways
and Means, which was ordered to be printed.
On motion of Mr. Gholson, the Convention adjourned till 3 1/2
o'clock, P. M., to meet in the Capitol--the Legislature having
adjourned sine die.
The Convention met pursuant to adjournment.
The President directed the following dispatch to be read:
CHARLESTON, Jan. 19, 1861.
To HON. A. BURT, JACKSON.--Judge Magrath and myself have sent four
telegrams to you. Please urge Mississippi to send delegates to the Montgomery
meeting of States, at as early a day as possible--say 4th February--
to form immediately a strong Provisional Government. It is the only thing
to prevent war, and let that Convention elect immediately a Commander in
Chief for the seceding States. You may as well return, at least as far as
Montgomery.
F. W. PICKENS.
Mr. Barksdale, from Committee on Enrolled Ordinances, reported
the Ordinance concerning federal property and jurisdiction
in Mississispi, as correctly enrolled.
The special order--the report of Committee on Southern
Confederacy--was then taken up, in the discussion of which
the Convention was engaged till 6 1/2 o'clock P. M., when it adjourned
to 7 1/2 P. M.
On re-assembling, the Convention resumed the discussion
of the Ordinance pending at adjournment, and after sundry
amendments, was reported back to the Convention, passed,
and ordered to be engrossed.
On motion of Mr. Glenn, the election of delegates contemplated
in the first resolution, was made the special order for
to-morrow at 11 o'clock.
The Convention adjourned till to-morrow morning, 10 o'clock.
Resolved, That the Committee on Southern Confederacy be instructed to
inquire into the propriety or expediency of having this State represented
in such provisional Government as may be formed by the Convention at
Montgomery, and the best mode by which such representation can be had,
and report by rosolution or otherwise as soon as practicable.
On motion of Mr. King,
Resolved, That the Hon. A. G. Brown, Jefferson Davis, Reuben Davis,
John J. McRae, William Barksdale and O. R. Singleton, the Senators and
Representatives in Congress, be invited to seats upon the floor of this house
during all the sittings of this Convention.
Mr. Clayton, of Marshall, offered an Ordinance, which was
referred to the Committee on State Constitution, to the effect
that if any part of the present Constitution of the State of
Mississippi shall be in conflict with any Ordinance passed by
this Convention, such part of said Constitution shall be held to
be abrogated and annulled, to the extent of such conflict, but
no further.
On motion of Mr. Glenn,
Resolved, That the Convention do now proceed to vote for seven delegates
to the Montgomery Convention and no one shall be elected it delegate
unless he or they shall receive majority of all the votes polled, without
any special nominations being made.
The President appointed as tellers, Messrs. Gholson, Chalmers
and Reynolds.
The first ballot resulted in the choice of Wiley P. Harris,
of Hinds, who received 50 votes.
Sixty-three others were voted for on the first ballot.
The second ballot resulted in the choice of Walker Brooke,
of Warren, who received 52 votes; and W. S. Wilson, of
Caiborne, who received 49 votes.
The third ballot resulted in the choice of Alexander M.
Clayton, of Marshall, who received 53 votes.
The fourth ballot resulted in no choice--Wm. S. Barry receiving
the highest vote, 41.
The fifth ballot resulted in no choice.
The sixth ballot resulted in the choice of Wm. S. Barry, of
Lowndes, who received 47 votes; J. A. P. Campbell, of
Attala, who received 47 votes; and J. T. Harrison, of
Lowndes, who received 47 votes.
Mr. Glenn submitted a report from the Committee on Southern
Confederacy, relative to the appointment of Senators and
Representatives, in the event the Convention to assemble at
Montgomery adopts a plan for a Provisional Government, etc.
The report was ordered to be printed.
Mr. Chalmers called up the special order--the Ordinance on
Naval and Military Affairs. The Ordinance, as engrossed,
was read, and adopted.
On motion of Mr. Chalmers, the Convention proceeded to
the election of military officers, by ballot.
The President appointed Messrs. Gholson, Anderson and
Beene as tellers.
The Major-Generalship being first in order,
Jefferson Davis received . . . . .88
Reuben Davis . . . . .1
Earl Van Dorn . . . . .1
On motion of Mr. Welsh,
Resolved, That this Convention elect four Brigadier-Generals, by electing
one at a time, by ballot, until all four are elected.
The first ballot resulted in no choice. The following gentlemen
were voted for: Earl Van Dorn, Chas. Clark, J. L.
Alcorn, W. C. Falconer, C. H. Mott, J. L. McManus, Thos. W.
Harris, J. H. Miller, H. H. Miller, Richard Griffith, C. H.
Albert, J. C. Russell, C. H. Shot, D. R. Russell, W. F. Gaines,
Jos. R. Davis.
The second ballot resulted in no choice.
The third ballot resulted in the choice of Major Earl Van
Dorn, of Claiborne, who was duly declared First Brigadier-General;
when the Convention proceeded to the election of
Second Brigadier-General.
There being no election on the first ballot, on motion the
Convention adjourned to 7 1/2 P. M.
On re-assembling, the Convention resumed balloting for
Second Brigadier-General, resulting in the choice of Chas.
Clark, of Bolivar, who received 47 votes.
The next ballot resulted in the choice of J. L. Alcorn, of
Coahoma, as 3d Brigadier-General, having received 52 votes.
The Convention then proceeded to the election of 4th Brigadier-General--
the first ballot resulting in no choice.
On the second ballot, C. H. Mott, of Marshall, was elected,
having received 48 votes.
The Convention adjourned at 9 o'clock, till to-morrow morning
at 10 o'clock.
A device for Coat of Arms for the State of Mississippi, was
received from the Governor, in accordance with a resolution of
the Legislature, November 30th, 1860. Referred to special
committee.
The following communication, addressed to the Hon. Wm.
S. Barry, was read and referred to the Committee on Federal
Jurisdiction and Property:
LAND OFFICE, COLUMBUS, MISS., January 19th, 1860.
Dear Sir: Recognizing our allegiance to the State, both in our private
and official capacity, we would be pleased, as early as practicable, to have
such an expression of her will as would direct us in the proper course to
be pursued by us in our official character. Both as President of the Convention,
and as one of our immediate delegates, we consider you the
appropriate person to be addressed on the subject.
Very truly yours,
F. G. BALDWIN,
Register.
R. D. HARDEE,
Receiver.
Mr. Orr offered the following resolution:
Resolved, That a special committee of five be appointed to inquire into
the expediency of suspending the execution of decrees, judgments, executions,
mortgages and deeds of trust, for twelve months; also, the laws for
instituting suits in the various courts in this State, except the attachment
laws.
Mr. Benton introduced an additional Ordinance from Committee
on Postal Affairs, which was ordered to be printed.
Mr. Glenn called up the special order--the additional Ordinance
from Committee on Southern Confederacy.
Mr. Ellett offered a substitute for the Ordinance reported by
the committee.
Messrs. Ellett and Glenn having explained the respective
plans submitted by them, on motion, the Ordinance reported
by the committee, and the amendment of Mr. Ellett, were
made the special order for to-morrow at 10 o'clock.
On motion of Mr. Orr, the Convention went into secret session.
After a short time spent therein, the Convention went into
committee of the whole on the revenue bill.
After discussion by Messrs. Walter, Ellett, Chalmers and
Berry, the Committee rose, reported the bill back to the Convention,
add asked to be discharged from its further consideration.
Mr. George offered the following amendment:
Provided, That in order to make the State tax on slaves equal to the
State tax on other personalty and on land , the above mentioned tax of fifty
per centum on the present State tax, shall not apply to slaves: but instead
thereof, an additional special tax of one dollar and twenty-five cents be
imposed on each taxable slave, to be collected and disbursed as the other
taxes herein provided for.
Mr. Chalmers offered the following as an amendment to the
amendment:
And that the regular tax on slaves be and it is hereby so changed that
the tax assessed on each taxable slave shall be the same as on taxable
land, and that no slave shall be taxable who is over sixty or under ten
years of age, and that slaves shall be so assessed at the next regular
assessment of the property of the State.
Mr. Wright moved to lay both amendments on the table.
A division of the question being called, the amendment to
the amendment was laid on the table; and the question recurring
on the amendment offered by Mr. George, it was lost by
the following vote:
NAYS--Mr. President, Messrs. Baldwin, Brantley, Brooke,
Benton, Beene, Blair, Berry, Bonds, Bolling, Bullard, Clayton
of Marshall, Catching, Chalmers, Cummings, O. Davis, J. S.
Davis, Denson, Eckford, Edwards, Fontaine, George, Glenn,
Gholson, Gwin, Isom, Johnston of De Soto, Keith, Lea, Lewers
Lewis, Miller of Pontotoc, Miller of Tunic , Nelson, Orr,
Parker, Powell of Covington, Ramsey, Rogers, Reynolds,
Sumner, Stephens, Tison, Witty, Woods, Wright, Young--46.
Pending the discussion, the Convention adjourned to 3
o'clock P. M.
On re-assembling, Mr. Eckford offered the following resolution:
Resolved, That the Governor is hereby authorized to appropriate to the
use of volunteers when called into service, or before, if he may deem it
necessary, such cloth, or other material manufactured in the Penitentiary,
and now on hand, or which may be hereafter manufactured, as may be,
suitable for clothing said troops, and make tents for the same.
Mr. Walter offered the following:
Resolved, That the Military Board created by the Ordinance passed by
this Convention, be authorized to employ so much of the labor of the Penitentiary
for making tents, clothing, &c., as may be necessary, for the volunteers
to be raised by said Ordinance.
Both of which resolutions, on motion of Mr. Marshall, were
referred to the Committee on Military and Naval affairs.
The discussion of the revenue bill being resumed,
Mr. Ellett offered the following amendment to the amendment
offered by Mr. George:
Strike out all after the word "additional special tax," and
insert:
"Sufficient to make the tax on slaves equal to twenty cents on every
one hundred dollars in value thereof--the value to be ascertained in the
same manner that the value of lands is now ascertained under the revenue
law of this State."
Mr. Gholson advocated the amendment offered by Mr. George.
Mr. Aldridge supported the amendment offered by Mr. Ellett.
Mr. Clapp spoke against both amendments; the subject
under discussion was peculiarly within the province of the
Legislature.
Mr. Marshall objected to, and Mr. Ramsey favored the
amendment offered by Mr. George.
M. Chalmers moved the previous question, which was sustained,
when the question was taken on the amendment of Mr.
Ellett, and adopted by the following vote:
NAYS--Mr. President, Messrs. Anderson, Barksdale, Booth,
Baldwin, Brantley, Brooke, Beene, Berry, Clayton of Marshall,
Clayton of Lowndes, Catching, Colbert, O. Davis, J. S. Davis,
Denson, Douglas, Fizer, Fontaine, George, Gholson, Herring,
Isom, Johnston of De Soto, Keith, Kennedy, King, Lea, Miller
of Tunica, Miller of Pontotoc, McGehee of Panola, Orr, Pattison,
Ramsey, Rogers, Reynolds, Sanders, Summer, Tison,
Witty, Young--41.
The question was taken on the amendment as amended, and
lost by the following vote:
YEAS--Messrs. Aldridge, Baldwin, Benton, Beene, Blair,
Bonds, Clayton of Marshall, Chalmers, Clapp, Dease, Fontaine,
Gwin, Lewers, Miller of Pontotoc, Nelson, Parker, Young--17.
NAYS--Mr. President, Messrs. Alcorn, Anderson, Barksdale,
Backstrom, Booth, Brantley, Brooke, Berry, Bolling, Bullard,
Clayton of Lowndes, Catching, Cummings, Colbert, O. Davis,
J. S. Davis, Douglas, Dyer, Eckford, Ellett, Fizer, Flournoy,
George, Glenn, Gholson, Harris, Herring, Hill, Holt, Isom,
Johnston of De Soto, Jones, Keirn, Keith, Kennedy, King
Lea, Lewis, Marshall, McGehee of Bolivar, McGehee of Panola,
Miller of Tunica, Neely, Orr, Pattison, Powell of Covington,
Ramsey, Roberts, Rogers, Sanders, Semmes, Smart, Sumner,
Stephens, Terral, Tison, Taylor, Thornton, Thompson, Vaughan,
Walter, Welsh, Witty, Wilkinson, Woods, Wright, Yerger--68.
Mr. Glenn desired to make a brief explanation of his vote--
having voted against laying the amendment of the delegate
from Carroll on the table, and then voting directly against the
amendment itself.
After sundry other propositions to amend, on motion, the
Convention adjourned till to-morrow morning, 9 o'clock.
SEVENTEENTH DAY.
FRIDAY, January 25th, 1861.
Convention met pursuant to adjournment.
On motion of Mr. Rogers,
Resolved, That the President appoint a committee of three, whose duty it
shall be to examine the records of this Convention, correct errors, if any
therein, and prepare the same for publication.
On motion of Holt,
Resolved, That the Governor be hereby requested to forward promptly to
the Executives of the Northwestern States, an authenticated copy of the
Ordinance passed by this Convention declaratory of our determination not
to obstruct the peaceable navigation of the Mississippi River within our
limits.
Mr. Orr called up his resolution suspending execution of
judgments, decrees, etc., except attachments.
Mr. Jones moved the resolution be indefinitely postponed,
which motion prevailed, by the following vote:
YEAS--Mr. President, Messrs. Anderson, Aldridge, Barksdale,
Backstrom, Booth, Brooke, Beene, Benton, Bonds, Bolling,
Clayton of Marshall, Clayton of Lowndes, Cummings, Clapp,
O. Davis, Dyer, Deason, Eckford, Edwards, Ellett, Flournoy,
Fizer, George, Glenn, Gibson, Gholson, Gwin, Holt, Hurst,
Johnston of De Soto, Jones, Keirn, Kennedy, King, Lea, Marshall,
McGehee of Bolivar, McGehee of Panola, Miller of
Pontotoc, Nelson, Parker, Pattison, Powell of Jones, Ramsey,
Roberts, Rogers, Sanders, Semmes, Tison, Taylor, Thornton,
Thompson, Vaughan, Walter, Welsh, Witty, Woods, Wright--57.
Mr. Brooke introduced the following, which was referred to
the Committee on State Constitution:
Be it ordained by the people of the State of Mississippi in Convention assembled,
That no law for the purpose of hindering or delaying or the execution
of legal process for the collection of debts, or postponing the foreclosure of
mortgages or deeds of trust, shall be passed by the Legislature, unless the
same shall pass by a majority of three-fourths of each House.
The consideration of the revenue bill being resumed, Mr.
King offered a substitute for the 1st section, which was
adopted.
Mr. King, also, offered two additional sections, to come in
after section 7th, which were adopted.
Mr. George offered two additional sections, which were
adopted.
Mr. Alcorn offered an additional section, which was adopted.
Sundry blanks being filled, the Ordinance was ordered to
be engrossed and made the special order for 10 o'clock to-morrow.
Mr. Barksdale, from Committee on Enrolled Ordinances,
reported the Ordinance on Southern Confederacy as correctly
enrolled.
Mr. Harris, from Committee on Federal Jurisdiction and
Property, reported "An Ordinance supplemental to an Ordinance
concerning the jurisdiction and property of the United
States of America in the State of Mississippi."
Pending the discussion of which, the Convention adjourned
till 3 o'clock.
On re-assembling, Mr. Brantley, from committee to report
an Ordinance to provide for the disbursement of the Military
Fund, submitted a report, which, after some discussion, was
postponed for further consideration till to-morrow, 10 o'clock.
Mr. Aldridge submitted an ordinance relative to the powers
of the Legislature in certain cases, which, on his motion, was
referred to the Committee on State Constitution.
Mr. Glenn called up the special order--the additional resolutions
reported by the Committee on Southern Confederacy,
and Mr. Ellett's substitute therefor.
After some discussion, Mr. Glenn moved the previous question,
which was not sustained.
After further discussion, Mr. Orr renewed the call for the
previous question, which was sustained.
The main question was then put, when the motion to strike
out the resolutions offered by Mr. Glenn, and insert the substitute
offered by Mr. Ellett, prevailed--yeas 54, nays 18.
Mr. Clayton, of Marshall, offered the following, which, on
his motion, was referred to the Committee on Postal Affairs:
Resolved, That an officer be appointed by this Convention, to be called
the Postmaster-General of the State of Mississippi, (whose office and
duties shall commence when the present postal system is abolished,) with
powers to provide mail facilities for this State, and to that end that he be
invested with power to make contracts and raise the rate of postage to
meet the wants and requirements of that service.
On motion of Mr. Ellett,
Resolved, by the people of Mississippi, in Convention assembled, That
the delegates to the General Convention of the seceding States be allowed
the same compensation and mileage now allowed by law to members of the
Legislature, the mileage to be computed by the estimated distance from
the residence of the delegate to the place of meeting of said Convention, by
the most direct route of travel; and the Auditor shall issue his warrant
therefor, on the written statement of each delegate of the amount due him.
Mr. Holt offered the following:
Resolved, That all officers in the military service of the late United States,
who have, or shall hereafter resign their commissions in said service, and
shall enlist in the military service of the State of Mississippi, shall, until
in actual service, receive such pay as their rank entitled them to receive at
the time of said resignation.
Which, on motion of Mr. Flournoy, was laid on the table.
Mr. Clapp called up the ordinance to provide for postal
arrangements in Mississippi, which, after being discussed and
amended, was referred back to the committee, to report again.
On motion of Mr. Benton,
Resolved, That the Governor's Council be instructed to report an Ordinance
providing for a Permanent Council of State, of three in number, and
defining the duties of said counsellors--said counsellors to continue in office
until a Southern Confederacy is established.
Mr. Yerger offered the following, which was referred to the
Committee on Postal Affairs:
Resolved, That the Committee on Postal Affairs be and they are hereby
instructed to report an Ordinance for the issuance of postoffice stamps, and
the rate of postage to be stamped on the envelopes, so that all postal matter
may be prepaid before its conveyance or transportation by mail; provided,
that such Ordinance shall not go into effect, or be in force unless
the present postal system of this State be suspended or superseded by Congress.
The Convention adjourned till to-morrow morning, 9 o'clock.
EIGHTEENTH DAY.
SATURDAY, January 26th, 1861.
Convention met pursuant to adjournment.
Mr. Brooke, from Committee on Citizenship, re-submitted
the Ordinance originally reported, with an amendment thereto,
which Ordinance was adopted without debate.
On motion Mr. Fontaine, the Convention went into secret
session.
After some time spent therein, the doors were opened. The
injunction of secresy was removed from the following proceedings
in secret session:
Mr. Holt offered the following resolution:
Resolved, That in the opinion of this Convention, it is not the purpose
or policy of the people of the State of Mississippi to re-open the African
slave trade.
Mr. Miller, of Pontotoc, moved to lay the resolution on the
table, which was decided in the negative by yeas, 26, nays 50.
Mr. Holt moved the previous question, which was sustained,
when the resolution was adopted by yeas and nays as follows:
YEAS--Mr. President, Messrs. Alcorn, Anderson, Aldridge,
Baldwin, Booth, Brooke, Benton, Berry, Bonds, Bowling,
Clayton of Marshall, Clayton of Lowndes, Catching, Clapp, O.
Davis, Douglas, Dyer, Eckford, Edwards, Ellett, Fizer, Flournoy
Fontaine, Glenn, Gibson, Gholson Gwin, Harris, Herring, Holt,
Hurst, Isom, Johnston of De Soto, Keirn, Keith, Kennedy, Lea,
Lamar, Lewers, Marshall, McGehee of Bolivar, McGehee of
Panola, Miller of Tunica, Nelson, Orr, Parker, Pattison, Powell
of Covington, Roberts, Rogers, Reynolds, Sanders, Semmes,
Smart, Sumner, Stephens, Taylor, Thornton, Thompson,
Vaughan, Walter, Welsh, Wright, Yerger, Young--67.
NAYS--Messrs. Barksdale, Backstrom, Brantley, Beene,
Bullard, Cummings, Dease, George, King, Miller of Pontotoc,
Neely, Witty, Woods--13.
In open session:
Mr. Glenn offered the following resolution,
Resolved, That when this Convention adjourns, that it do so, subject to
be re-assembled upon the call of the President of the same, whenever, in
his judgment, the public necessities may require it; and, in case of the
death or resignation of that officer, then upon a call of a majority of a
committee of three, now to be named by the President; and, unless re-assembled,
on or before the first Monday in June, A. D. 1861, then, and in
that case, it shall stand adjourned, sine die.
Mr. Yerger moved to amend by striking out all in the resolution
after the word "adjourns," and inserting "that it
adjourn sine die, not subject to be re-assembled by the order of
the President thereof, or the Governor of this State."
The amendment was lost by 50 to 26.
Mr. Miller, of Pontotoc, moved to amend by striking out
"first Monday in June," and inserting first Monday in October,
which was adopted, by 52 to 18, when the resolution, so
amended, was adopted.
The President appointed as the committee suggested in Mr.
Glenn's resolution, Messrs. P. S Catching, of Copiah, A. P.
Hill, of Madison, Warren P. Anderson, of Hinds.
Mr. Ellett offered the following:
Resolved, By the people of the State of Mississippi in Convention
assembled, That the reconstruction of the Union of the United States of
America is impracticable and unadvisable, and that hereafter Mississippi
ought to confederate only with States having similar domestic institutions
to her own.
Mr. Berry moved to lay the Ordinance on the table, which
motion prevailed by the following vote:
Brantley, Brooke, Beene, Blair, Berry, Bonds, Bolling, Bullard,
Clayton of Lowndes, Cummings, O. Davis, Douglas, Fizer,
Flournoy, Herring, Isom, Johnston of Panola, Keith, Kennedy,
King, Lea, Lamar, Lewers, Marshall, McGehee of Bolivar,
Parker, Powell of Covington, Reynolds, Sanders, Sumner,
Stephens, Terral, Taylor, Thornton, Thompson, Vaughan,
Walter, Witty, Wright, Yerger, Young--44.
NAYS--Messrs. Alcorn, Barksdale, Catching, Clapp, Dease,
Eckford, Ellett, Fontaine, George, Glenn, Gibson, Gholson,
Gwin, Harris, Holt, Keirn, Lewis, McGehee of Panola, Miller of
Pontotoc, Miller of Tunica, Neely, Nelson, Orr, Pattison,
Roberts, Rogers, Semmes, Smart, Welsh, Woods,--32.
On motion of Mr. Brantley, the resolution to adjourn to-day
at 12 o'clock, was rescinded.
Mr Brantley called up the Ordinance to provide for surveys
and fortifications of military sites within the State of Mississippi,
which, after a slight amendment, was adopted.
Mr. Wright, moved that the Ordinance, to raise means for
the defence of the State be considered as engrossed, and put
upon its passage.
Mr. Anderson offered section 14, which was adopted, and
the Ordinance was then put upon its final passage.
Mr. Clapp introduced an Ordinance from Committee on
Postal Affairs, which, on his motion, was considered as
engrossed, and put upon its final passage.
Mr. Miller, of Pontotoc, called up the ordinance reported by
the committee on State Constitution, which, on his motion, was
considered as engrossed and put upon its final passage.
On motion of Mr. Walter,
Resolved, That the Secretary of this Convention forward to each member
of the Convention two copies of the Ordinance in reference to revenue, heretofore
ordered to be printed, when the same is printed, and that said Secretary
have printed immediately three hundred additional copies of said
Ordinance.
On motion of Mr. Anderson,
Resolved, That the Address herewith, setting forth the declaration of the
immediate causes which induce and justify the secession of Mississippi
from the Federal Union, and the Ordinance of Secession, be referred to a
special committee.
The President appointed as such
Committee--Messrs. A. M. Clayton, W. P. Anderson, D. C.
Glenn, L. Q. C. Lamar, J. L. Alcorn.
Mr. Harris called up the supplemental Ordinance concerning
Federal jurisdiction and property in Mississippi, which, being
read, on his further motion, the Ordinance was considered as
engrossed and put upon its final passage.
Mr. Barksdale offered "an Ordinance to provide for publishing
the Ordinances and Journal of this Convention," which
was adopted.
On motion of Mr. Davis,
Resolved, That Mr. J. L. Power be allowed the sum of four dollars per
day during the session of this Convention for the reports of its proceedings
which have appeared in the Daily Mississippian.
Mr. Miller, from committee to which was referred an ordinance
proposing to confer upon the Legislature power to
"change, alter or abolish all ordinances passed by this Convention,"
with certain exceptions, reported the same back to
the Convention, with the recommendation that it be not
adopted; which report was received and agreed to.
Mr. Miller, also, submitted a report on the following Ordinance,
recommending its adoption:
AN ORDINANCE to amend the Constitution of the State of Mississippi in
relation to the powers of the Legislature.
Be it ordained by the people of the State of Mississippi in Convention
assembled, That no law for the purpose of hindering or delaying the execution
of legal process, for the collection of debts, or postponing the foreclosure
of mortgages or deeds of trust, shall be passed by the Legislature
unless the same shall be passed by two-thirds of each house of said
Legislature.
The report being received, Mr. Anderson moved to lay it
on the table, which motion prevailed, by the following vote:
YEAS--Mr. President, Messrs. Anderson, Baldwin, Backstrom,
Booth, Brantley, Berry, Bolling, Clayton of Marshall,
Catching, Clapp, O. Davis, Dease, Douglas, Eckford, Ellett,
Edwards, Fizer, Flournoy, Fontaine, George, Glenn, Gholson,
Gwin, Harris, Isom, Johnston of De Soto, Keith, Kennedy, Lea,
Lewers, Marshall, McGehee of Panola, Miller of Tunica, Neely,
Orr, Parker, Powell of Covington, Powell of Jones, Reynolds,
Sanders, Semmes, Sumner, Stephens, Terral, Taylor, Thompson,
Welsh--49.
NAYS--Messrs. Aldridge, Barksdale, Brooke, Bonds, Bullard,
Clayton of Lowndes, Gibson, Herring, Holt, Keirn, Lewis,
Miller of Pontotoc, Nelson, Roberts, Thornton, Walter and
Woods--17.
On motion of Mr. Marshall,
Resolved, That the Convention recommend the City Hospital at Vicksburg
to the favorable consideration of the Legislature, and suggest the
propriety of making a suitable appropriation in aid thereof.
Mr. George asked and was granted permission to spread a
Protest upon the journals, against the adoption, by this Convention,
or the resolution offered by Mr. Holt this morning, in
reference to the African Slave Trade, for various reasons having
no reference to their individual views on the subject matter
of said resolution. The Legislature had already declared a
policy on this subject in exact conformity with the resolution
adopted, and the action of this Convention was unnecessary.
The question was not made the subject of debate in the late
canvass, and the resolution was an usurpation of the just
powers of the Legislature, and a negation to that body of the
right to exercise a plain constitutional function which had
been delegated to them by the people. The Protest was
signed by Messrs. George, Beene, Barksdale, Brantley, Witty,
Woods, Neely, H. R. Miller, Blair, Bullard, Terral and Dease.
Mr. Baldwin offered a resolution appointing a committee of
three to ascertain if anything had been neglected that should
be attended to before adjournment.
Mr. Brooke suggested that said committee also inquire
whether anything had been done which ought not to have been
done.
Mr Baldwin thought such an investigation would impose too
much labor on the committee, and be withdrew his resolution.
Mr. Clapp, from committee to report suitable devices for
Flag and Coat of Arms, submitted the following report, which
was received and agreed to:
MR. PRESIDENT: The Special Committee appointed to prepare
a suitable Flag and Coat of Arms for the State, report that
they have had the subject under consideration, and they recommend
for a suitable Flag the following:
A Flag of white ground, a Magnolia tree in the centre, a
blue field in the under left-hand corner, with a white star in
the centre--the Flag to be finished with a red border, and a
red fringe at the extremity of the flag.
For a Coat of Arms, the Committee recommend the one
accompanying the communication of the Governor to the
President of this Convention, which was referred to the Committee,
and is returned along with this report, except that the
recumbent figure designed to represent the Father of Waters
be omitted, and a cannon and plow, appropriately arranged, be
substituted.
[The design of the Coat of Arms is: A magnolia, containing
a nest of eagles, which arc being defended by the parent from
the attack of a serpent; a bale of cotton, plow, steamboat,
citizen soldier, fortifications and cannon, with motto: Istis
Defensoribus.]
On motion the Convention adjourned to 3 o'clock P. M.
On re-assembling, on motion of Mr. Welsh,
WHEREAS, The, Mobile and Ohio Railroad Company has generously
offered the free use of their cars and road for the transportation of troops
and the munitions of war; therefore,
Be it Resolved, That this Convention do express their high appreciation
of this act of patriotic liberality on the part of said Railroad Company, and
hereby tender to the Directors and General Superintendent of said Railroad
Company the thanks of the people of this State.
Resolved, That the committee appointed to prepare an Address in relation
to the importance of producing in the State provisions sufficient for its
wants, and to urge upon the planting interest reference to this subject in
planting the crop of the present year, be authorized to prepare said Address
after the adjournment of the Convention, and furnish the same to the papers
for publication.
On motion of Mr. George,
Resolved, That Wiley P. Harris and Warren P. Anderson be and they
are hereby appointed Auditors, with authority to audit and allow accounts
for such incidental expenses as may have been incurred by the officers of
this Convention, and that the Auditor of Public Account be directed to
issue his warrant in favor of the person to whom such accounts may be
due, upon the certificate of said Auditors.
On motion of Mr. Benton,
Resolved, That the Secretary of this Convention be allowed five days
after the adjournment of the Convention to complete the duties assigned
him, and that he be allowed the compensation fixed by law, to be paid out
of any money in the Treasury not otherwise appropriated, on the warrant
of the Auditor of Public Accounts on the Treasurer of the State.
On motion of Mr. Stephens,
Resolved, That the thanks of this Convention are due and are hereby
tendered to the Hon. Wm. S. Barry for the dignified and impartial manner
in which he has discharged the duties of President thereof.
On motion of Mr. Gholson, the Convention took a recess for
one hour. On re-assembling,
Mr. Clayton, of Marshall, from special committee, submitted
"A declaration of the immediate causes which induce and justify
the secession of the State of Mississippi front the Federal
Union," which was received and adopted.
Mr. Harris, from special committee, reported an Ordinance
establishing an Executive Council, which, on his motion, was
received and agreed to, considered as engrossed, and put upon
its final passage.
On motion of Mr. Harris, the Convention proceeded to the
election of said Council.
Mr. Flournoy moved to elect by acclamation, which motion
prevailed; when
Mr. Fontaine nominated Messrs. Warren P. Anderson and
Madison McAfee, of Hinds, and T. C. Tupper of Madison, as
said Council, who were elected by acclamation.
Mr. Anderson, from Committee on Ways and Means, reported
an Ordinance appropriating money to pay current expenses of
Convention, not provided by law, which was concurred in.
On motion of Mr. Anderson,
Resolved, That twenty-five hundred copies of the Declaration and Address
of the immediate causes of the secession of Mississippi from the Federal
Union, together with the Ordinance of Secession, with the names of the
members who signed it, be printed in pamphlet form, and distributed to the
members of this Convention.
Resolved, That J. L. Power is hereby granted the exclusive privilege,
for five years, of compiling for publication, in book form, the proceedings
of this Convention; provided, that this is in nowise to interfere with the
Ordinance already providing for the publication, by the State Printer, of
two thousand copies of the Journal and Ordinances of this Convention.
On motion of Mr. Miller, of Pontotoc,
Resolved, That a committee of three be appointed to wait on his Excellency
the Governor of the State, and to inform him that this Convention is
about to adjourn, and to inquire whether he desires to make any further
communication to it in connection with the public interest.
Committee--Messrs. H. R. Miller, O. Davis and Eckford.
On motion of Mr. Dyer,
Resolved, That our Senators and Representatives in the Congress of the
Southern Confederacy, when it shall be formed, be, and they are hereby,
requested to use their influence to have established, in the South, a Military
Academy, similar to that of the United States, at West Point and that the
cadets from the seceding States, now, or recently, at West Point, upon
application, be transferred to said Academy, and that others be received
therein from time to time, in accordance with the provisions of the Act
establishing it.
Be it further Resolved, That the Secretary of this Convention furnish said
Senators and Representatives with a copy of these resolutions.
Mr. Miller, from committee to wait on the Governor, reported that his
Excellency had no further communication to make to the Convention.
Mr. Gholson moved that the Convention adjourn.
Before the President put the motion, he said, in substance:
Gentlemen of the Convention: It becomes my duty to declare
this body adjourned until the public necessities require its
assembling again. The action of this Convention is a part,
for good or evil, of the history of the country. In obedience
to the will of the people, you have accomplished the work of
destruction; but the courage, the thought, the wisdom necessary
to destroy are not always equal to the task of re-building.
More is required in the future that has been in the past; but
may we realize the hope of being transferred to a government
more satisfactory, more stable, more just. What lies before
us will test the higher, the nobler qualities of our race, inherited
from revolutionary sires. I would be very unjust to my
own feelings did I not express my sense of gratitude for the
manner in which I have been sustained in all the duties of my
office. Your deportment has rendered my labors light. I
wish you all the certainty of a cordial welcome and approval
of your conduct when you return to your constituents, and,
what is better than public approbation, the consciousness of
having discharged your duty; and I take pleasure in testifying
to the patience and industry with which you have devoted
yourselves to the public service. Renewing my thanks for
your uniform courtesy to myself, I now declare the present
session of this Convention adjourned.
And so the Convention adjourned on Saturday, January 26th, at 5 1/2 P. M.
To dissolve the Union between the State of Mississippi and other States
united with her under the Compact entitled, "The Constitution of the
United States of America.'
The people of the State of Mississippi, in Convention assembled, do ordain
and declare, and it is hereby ordained and declared as follows, to-wit:
SECTION 1ST. That all the laws and ordinances by which the
said State of Mississippi became a member of the Federal
Union of the United States of America be, and the same are
hereby repealed, and that all obligations on the part of the
said State or the people thereof to observe the same, be withdrawn,
and that the said State doth hereby resume all the
rights, functions and powers which, by any of said laws or
ordinances, were conveyed to the government of the said United
States, and is absolved from all the obligations, restraints and
duties incurred to the said Federal Union, and shall from henceforth
be a free, sovereign and independent State.
SEC. 2. That so much of the first section of the seventh
article of the Constitution of this State as requires members
of the Legislature, and all officers, executive and judicial, to
take an oath or affirmation to support the Constitution of the
United States, be, and the same is hereby abrogated and
annulled.
SEC. 3. That all rights acquired and vested under the Constitution
of the United States, or under act of Congress passed,
or treaty made, in pursuance thereof, or under any law of
this State, and not incompatible with this Ordinance, shall
remain in force and have the same effect as if this Ordinance
had not been passed.
SEC. 4. That the people of the State of Mississippi hereby
consent to form a Federal Union with such of the States as
may have seceded, or may secede from the Union of the United
States of America, upon the basis of the present Constitution
of the said United States, except such parts thereof as embrace
other portions than such seceding States.
Thus ordained and declared in Convention the 9th day of January, in the
Year of Our Lord One Thousand Eight Hundred and Sixty-one.
F. A. POPE,
Secretary.
WILLIAM S. BARRY,
President.
In Testimony Of the passage of which, and the determination of the members
of this Convention to uphold and maintain the State in the position
she has assumed by said Ordinance, it is signed by the President and
members; of this Convention, this, the fifteenth day of January, A. D., 1861.
A. K. Farrar,
J. Winchester,
E. H. Sanders,
D. W. Hurst,
M. H. McGehee,
J. Z. George,
W. Booth,
H. T. Ellett,
J. L. Alcorn,
P. S. Catching,
B. King,
S. H. Terral,
W. F. Brantley,
W. H. Witty,
J. H. Edwards,
J. A. Orr,
C. B. Baldwin,
A. C. Powell,
W. A. Sumner,
M. D. L. Stephens,
J. R. Chalmers,
S. D. Johnston,
T. Lewers,
D. H. Parker,
T. J. Roberts,
W. P. Harris,
W. P. Anderson,
W. B. Smart,
J. M. Dyer,
W. L. Keirn,
D. C. Glenn,
J. B. Deason,
A. C. Gibson,
R. O. Beene,
A. B. Bullard,
W. H. H. Tison,
M. C. Cummings,
O. C. Dease,
A. E. Lewis,
J. S. Johnston,
J. H. Powell,
O. Y. Neely,
T. H. Woods,
W. Gwin,
George R. Clayton,
W. B. Colbert,
J. B. Ramsey,
F. C. Semmes,
L. Q. C. Lamar,
T. D. Isom,
A. M. Clayton,
J. W. Clapp,
S. Benton,
H. W. Walter,
W. M. Lea,
A. P. Hill,
S. J. Gholson,
F. M. Rogers,
H. Mayson,
Israel Welsh,
D. M. Backstrom,
M. M. Keith,
T. C. Bookter,
P. J. Myers,
J. M. Nelson,
J. B. Fizer,
E. F. McGehee,
C. D. Fontaine,
J. B. Herring,
H. R. Miller,
R. W. Flournoy,
Wm. Denson,E. P. Jones,
W. J. Douglas,
W. Thompson,
C. W. Taylor,
A. Pattison,
A. E. Reynolds,
W. W. Bonds,
T. P. Young,
J. A. Blair,
A. Miller,
O. Davis,
J. H. Berry,
J. S. Davis,
D. B. Wright,
J. S. Yerger,
A. C. Holt,
W. J. Eckford,
W. Brooke,
T. A. Marshall,
J. Kennedy,
W. S. Bolling,
F. M. Aldridge,
W. R. Barksdale,
H. Vaughan,
G. B. Wilkinson.
Of the immediate causes which induce and justify the secession of the State
of Mississippi from the Federal Union.
In the momentous step which our State has taken of dissolving
its connection with the government of which we so
long formed a part, it is but just that we should declare the
prominent reasons which have induced our course.
Our position is thoroughly identified with the institution of
slavery--the greatest material interest of the world. Its labor
supplies the product which constitutes by far the largest
and most important portions of the commerce of the earth.
These products are peculiar to the climate verging on the
tropical regions, and by an imperious law of nature, none but
the black race can bear exposure to the tropical sun. These
products have become necessities of the world, and a blow at
slavery, is a blow at commerce and civilization. That blow
has long been aimed at the institution, and was at the point
of reaching its consummation. There was no choice left us but
submission to the mandates of abolition, or a dissolution of
the Union, whose principles had been subverted to work out
our ruin.
That we do not overstate the dangers to our institution, a
reference to a few facts will sufficiently prove.
The hostility to this institution commenced before the adoption
of the Constitution, and was manifested in the well-known
Ordinance of 1787, in regard to the North-western territory.
The feeling increased, until, in 1819-20, it deprived the
South of more than half the vast territory acquired from
France.
The same hostility dismembered Texas, and seized upon all
the territory acquired from Mexico.
It has grown until it denies the right of property in slaves,
and refuses protection to that right on the high seas, in the
territories, and whenever the government of the United States
had jurisdiction.
It refuses the admission of new slave States into the Union,
and seeks to extinguish it by confining it within its present
limits, denying the power of expansion.
It tramples the original equality of the South under foot.
It has nullified the Fugitive Slave Law in almost every free
State in the Union, and has utterly broken the compact which
our fathers pledged their faith to maintain.
It advocates negro equality, socially and politically, and
promotes insurrection and incendiarism in our midst.
It has enlisted the press, its pulpit and its schools against
us, until the whole popular mind of the North is excited and
inflamed with prejudice.
It has made combinations and formed associations to carry
out its schemes of emancipation in the States and wherever
else slavery exists.
It seeks not to elevate or to support the slave, but to destroy
his present condition without providing a better.
It has invaded a State, and invested with the honors of
martyrdom, the wretch whose purpose was to apply flames to
our dwellings, and the weapons of destruction to our lives.
It has broken every compact into which it has entered for
our security.
It has given indubitable evidence of its design to ruin our
agriculture, to prostrate our industrial pursuits, and to destoy
our social system.
It knows no relenting or hesitation in its purposes; it stops
in its march of aggression, and leaves us no room to hope
for cessation or for pause.
It has recently obtained control of the Government, by the
prosecution of its unhallowed schemes, and destroyed the last
expectation of living together in friendship and brotherhood.
Utter subjugation awaits us in the Union, if we should
consent longer to remain in it. It is not a matter of choice,
but of necessity. We must either submit to degradation, and
to the loss or property worth four billions of money, or we
must secede from the Union framed by our fathers, to secure
this as well as every other species of property. For far less
cause than this, our fathers separated from the Crown of England.
Our decision is made. We follow their footsteps. We
embrace the alternative of separation; and for the reasons
here stated, we resolve to maintain our rights with the full
consciousness of the justice of our course, and the undoubting
belief of our ability to maintain it.
The people of Mississippi, in Convention assembled, do declare
and ordain as follows, to wit:
SEC. 1. That it shall be the duty of the tax collectors of the
several counties in this State forthwith, after the passage of this
Ordinance, to collect in the manner now provided by law for the
collection of other taxes, from every tax payer in his county, an
additional special State tax of fifty per centum on the regular
State tax of such tax payer, and also a tax from every inhabitant
of this State of three-tenths per centum upon all money owned or
controlled by such inhabitant, and deposited, loaned or employed
in the purchase of notes, bills, stocks, or any securities for the
payment of money, without the limits of this State, or kept from
use and circulation within the same, at any time during the fiscal
year, and to pay the same into the State Treasury, subject to all
the laws, restrictions and penalties that apply to and regulate the
collection and payment of other State taxes; and the money so
collected shall constitute a Military Fund, and a separate account
thereof shall be kept by the Auditor and Treasurer, and the same
shall be disbursed by warrant issued on the order of the Governor,
and shall be applied by the Governor to such purposes of defence
and miltary service of this State as may be authorized by law, this
Convention, or the Legislature: Provided that the money invested
in the loan to the State, authorized by the second section of this
Ordinance, shall be exempt from all taxes, whether the same be
State, county, municipal, special, school or military; and provided
further, that money temporarily deposited without the limits of
this State, or kept from use and circulation within the same, in
contemplation of use, other than for loan or employment in the
the purchase of stocks, bond, bills or other evidences of debt or
permanent deposits without the limits of this State, shall be exempt
from said tax of three-tenths per cent; and provided further,
that the Board of Police of such counties as shall have a
surplus of money in their respective county treasuries, shall be
authorized to apply such surplus money, by causing the same to
be paid to the proper tax collectors in or towards the discharge of
said tax of fifty per centum in their respective counties.
SEC. 2. That the Governor be authorized to cause certificates of
loan, or treasury notes, to be prepared, signed and issued, in such
sums as may be applied for by persons desiring to loan money to
the State, to all amount not exceeding in the aggregate the sum of
one million of dollars, one-third thereof to he redeemable in one
year, one third in two years, and one-third in three years from the
first day of June, A. D. 1861, bearing interest at ten per cent. per
annum from date, and the Governor shall issue the same, from
time to time, as the public exigencies may require, to such persons
as may desire to loan money to the State thereon, and, if
necessary, he may adopt such means as he may deem expedient
to afford the people of the several counties an opportunity to participate
in the loan hereby proposed.
SEC. 3. That the said certificates or notes, shall be signed by the
Treasurer and countersigned by the Auditor, and the faith of the
State is hereby pledged for the redemption of the same, and no
law shall be passed to impair their validity and obligation.
SEC. 4. That the said certificates or notes shall be negotiable,
and shall be receivable in payment of any money due to the State
in any fiscal year in which they may severally fall due, and any
officer receiving the same in payment of public dues, shall endorse
on one of them the date of such receipt and the amount of interest
allowed thereon in such payment, and shall sign his name
thereto, and the interest upon such certificates or notes shall cease
from that date; and it shall be the duty of each tax collector who
shall have on hand any money collected under the provisions of
this Ordinance, to receive and pay any treasury note or certificate
of loan issued in pursuance of this Ordinance, and which shall
be payable at the end of the fiscal year for which the tax in the
hands of the assessor was collected; and if any tax collector,
having sufficient money on hand arising from said tax, shall refuse
to pay any certificate or note as aforesaid to the holder, on
presentation and demand thereof, he shall be liable to the holder
thereof in a sum equal to the amount of the said note or certificate,
to be recovered on an execution in any court having jurisdiction
thereof.
SEC. 5. That the Treasurer and Auditor shall keep separate, full
and accurate accounts of the number, date and amount of said
certificates or notes, signed and sountersigned by them respectively,
and they shall keep similar accounts of all the said certificates
or notes redeemed, as the same shall be returned and cancelled.
They shall also make annual statements of the amount of said
certificates or notes, signed and countersigned as aforesaid, and of
the amount thereof that may have been redeemed, and shall furnish
such accounts to the Governor, who may cause the same to
be published, and shall lay the same before the Legislature.
SEC. 6. That the money raised upon the said certificates and
notes shall be paid into the Treasury of the State, and shall constitute
a part of the military fund, and shall be applied to the defence
and military service of the State, in the manner directed in
the first section of this Ordinance.
SEC. 7. That it shall be the duty of the tax collectors of the
several counties in this State, in every year commencing with the
fiscal year beginning on the first day of May next, to collect from
every tax payer in his county, in the manner county taxes are required
to be collected, an additional special State tax, the same as
is provided in the first section of this Ordinance, and to pay the
same into the State Treasury, subject to the same laws, restrictions
and penalties, that apply to and regulate the collection and
payment of other State taxes; and the amount of such special tax,
shall constitute a special fund for the redemption of the principal
and interest of the certificates and notes to be issued in pursuance
of this Ordinance, and shall be faithfully applied to that purpose,
and the said tax shall be irrepealable by the Legislature, until
such certificate and notes shall be fully paid and satisfied, at
which time the collection of said tax shall cease and determine:
Provided, however, That if on the first day of December, in the
present, or any subsequent year, it shall appear that so large an
amount of tax as is contemplated by this Ordinance, will not be
required to pay the principal and interest of said certificates and
notes falling due and properly payable out of the tax of that fiscal
year, it is hereby made the duty of the Governor, by Proclamation
directed to the tax collectors of every county, to reduce the
said tax to an amount sufficient to pay such certificates and notes
so falling due and payable, and to direct the collection of a smaller
per centage on the State tax; and when the certificates and notes
authorized by this Ordinance, shall be fully paid, the Governor,
by like Proclamation, shall direct the collection of such tax to be
discontinued.
SEC. 8. That it shall be the duty of the tax collectors, when
collecting the taxes levied by this Ordinance, until the assessors
shall make other assessments of personalty, to assess the said tax
of three-tenths of one per cent. upon all money owned or controlled
by the inhabitants of this State, and deposited, loaned or employed
in the purchase of notes, bills, bonds, stocks, mortgages,
or any securities for the payment of money, without the limits of
this State, or kept from use and circulation within the same, at
any time during the fiscal year, and to require such inhabitants
to give in the said assessment, under oath to be administered by
said tax collectors, and to return one copy of said assessment to
the Board of Police, of the proper county, and one to the Auditor
of Public Accounts; and should such inhabitant fail or refuse to
give in said assessment, the said collectors shall levy and collect
from such inhabitant the sum of five thousand dollars; provided
that the tax collectors shall, for their compensation for collecting
the taxes raised by this Ordinance, receive three per cent. upon
the amount collected from the tax payers, and nothing for receiving
the amounts that shall be paid by the Board of Police in discharge
of the said tax of fifty per centum.
SEC. 9. That each assessor of taxes in this State, in all subsequent
assessments for taxes, until said treasury notes are paid,
shall require each inhabitant of his county, to render on oath, to
be by him administered, the amount of money owned or controlled
by him, and deposited, loaned or employed in the purchase of
notes, bills, bonds, stocks, mortgages, or any securities for the
payment of money without the limits of this State, or kept from
use and circulation within the same, at any time during the fiscal
year, and should said tax payer fail or refuse to render said amount
or take said oath, then said assessor shall assess against him or
her the sum of five thousand dollars, as taxes for money deposited,
loaned or employed without the State, or kept from use and circulation
within the same as aforesaid; which sum so assessed
shall be collected and paid over as other taxes are to be collected
and paid over as hereinbefore provided.
SEC. 10. That when any of the said certificates or notes shall
fall due, it shall be the duty of the Auditor to issue his warrant in
favor of the holder thereof for the amount due thereon, and shall
thereupon take up and cancel such certificates or notes, and shall
endorse thereon the amount of interest allowed; and if at any
time there shall be money in the Treasury applicable to the redemption
of such certificates or notes, the Governor shall cause
notice to be given by Proclamation, to the holders of such certificates
or notes, that those of certain descriptions or denomintions,
will be redeemed on presentation, and all interest shall cease thereon
after sixty days from the date of the publication of such notice.
SEC. 11. That the sum of twenty-five hundred dollars is hereby
set aside from any money in the State Treasury, net otherwise appropriated,
to defray the expense of engraving, issuing and negotiating
said certificates or notes; the Auditor shall issue his warrant
for such sum within said maximum as the Governor may certify
as necessary to be supplied for the engraving, and, while the
compensation for negotiating and labor performed by the departments
of this State shall be fixed by the Legislature, the same
shall not exceed the appropriation.
SEC. 12. Be it further Ordained, That immediately on the passage
of this Ordinance, each sheriff and tax collector in this State
shall execute a bond, with good security, payable to the State,
and in a penality equal to the present State tax of his county, and
conditioned for the due and faithful performance of the duties imposed
on him by this Ordinance, which said bond shall be approved,
filed and recorded in the same manner as Sheriffs bonds
are now required by law to be approved, filed and recorded.
SEC. 13. Be it further Ordained, That if any sheriff shall fail
to execute said bond with security, as provided in the last preceding
section of this Ordinance, by the first day of March next, his
office shall thereby become vacated, and the vacancy thereby occasioned
shall be filled as other vacancies in the office of sheriff
are now required by law to be filled.
SEC. 14. Be it further Ordained, That the tax now imposed by
the present revenue bill, on money loaned at interest be so amended
or construed as to include all money used, or that may have
been used or employed by being loaned at interest, or in the purchase
of notes, bills of exchange, bonds or other securities, during
the past fiscal year, and the parties so interrogated shall answer
under oath, to be administered by the tax collector, and all money
so used or employed, not heretofore assessed as money loaned at
interest, shall be taxed three-tenths of one per cent.
AN ORDINANCE
To regulate the Military System of the State of Mississippi.
SEC. 1. Be it ordained by the people of the State of Mississippi
in Convention assembled, That one Division of Volunteers be as
early as practicable, enlisted and mustered into service by
order of the Military Board, hereinafter constituted, to serve
until discharged as hereinafter provided, and to consist of four
Brigades, each Brigade to be composed of two Regiments,
and each Regiment of ten Companies of Infantry or Riflemen,
and each Company of not less than forty-eight, nor more than
one hundred men, and also not exceeding ten Companies of
Cavalry of not less than fifty men each, and not exceeding ten
Companies of Artillery, of not less than sixty men each, and
that the Volunteers so enlisted shall not be subject in any
manner to the officers of the Militia.
SEC. 2. That the eight Regiments of Infantry or Riflemen,
shall be raised as follows, to-wit:
1st Regiment from the counties of De Soto, Marshall, Tunica,
Coahoma, Panola, and Lafayette.
2d Regiment from the counties of Tippah, Tishomingo, Pontotoc,
and Itawamba.
3d Regiment from Bolivar, Sunflower, Washington, Issaquena,
Yazoo, Warren, Claiborne and Jefferson.
4th Regiment from Yalobusha, Calhoun, Carroll, Choctaw,
Holmes, Attala and Tallahatchie.
5th Regiment from Chickasaw, Monroe, Oktibbeha, Lowndes,
Winston, Noxubee, Neshoba, and Kemper.
6th Regiment from Madison, Leake, Scott, Hinds, Rankin,
Copiah and Simpson.
7th Regiment from Adams, Franklin, Lawrence, Wilkinson,
Amite, Pike, Covington and Marion.
8th Regiment from Newton, Lauderdale, Smith, Jasper,
Clark, Jones, Wayne, Perry, Greene, Harrison, Jackson and
Hancock.
And the Companies of Cavalry and Artillery shall be raised
indiscriminately from the State at large; and in case any of
the Regimental Districts as aforesaid, shall fail to furnish ten
Companies, the Military Board are hereby authorized to raise
from other portions of the State, Companies sufficient to complete
such Regiment.
SEC. 3. That there shall be one Major-General and four
Brigadier-Generals of Volunteers, to be elected each in succession
by this Convention. One Colonel and Lieutenant-Colonel
one Major for each Regiment, one Captain and three Lieutenants
for each Company, who shall be elected by a majority of
the Volunteers within their respective commands, and that the
Division, Brigade and Regimental officers, shall appoint their
own Staff, and each Captain shall appoint as many Sergeants
and Corporals as may be necessary.
SEC. 4. That all officers of Volunteers of equal grade shall
take rank and precedence according to priority of election,
which shall be evidenced by the priority of commission, to be
issued by the Governor of the State, to all officers elected as
heretofore provided, and to their Staff.
SEC. 5. That the Volunteers after being mustered into service
as provided for in the first section of this ordinance, shall
be considered as on furlough, subject, however, to be drilled
at such times and places, within their respective counties, as
their Company officers may order, until called out for drill or
actual service by their Major-General, who, when ordered by
the Governor, shall have power and authority to order all or
any portion of said Volunteers, or their officers, out for drill at
any time and to any place, subject to the limitations hereinafter
provided.
SEC. 6. That the Governor of the State ex-officio, the Major-General
and Brigadier-Generals elected as heretofore provided,
shall constitute a Military Board, any three of whom shall be
a quorum, to be assembled on the call of the Governor, and
said Board shall have power and authority:
To make all needful rules and regulations not contrary to
law, for the government and discipline of the Volunteers, including
articles of war, subject to the approval of the Convention,
or of the State Legislature, after this Convention shall
have finally adjourned.
To prescribe the uniform, arms and equipments of the
Volunteers: Provided, That the Companies now organized, if
mustered into service, shall be permitted to retain the arms
and uniforms which they have adopted.
To order the number and rank of Division, Brigade and
Regimental Staff.
To organize Engineers, Ordinance, Quarter-Master, Commissary,
Medical and Pay Departments, and to appoint the
officers thereof and designate their rank.
To organize the Regiments into Brigades, and to assign the
Brigadiers to their commands.
To determine how the Cavalry and Artillery Companies shall
be disposed of, and, if they deem it necessary, to order the
election of field officers for said corps: Provided, That the
Major-General, when in actual service, may at any time alter
the disposition of troops as he may deem fit.
To order the time and mode of electing all officers to be
chosen by the Volunteers, and making returns thereof.
And to have entire control over all the arms and military
property of the State, until otherwise ordered by the Convention,
or by the State Legislature after the Convention shall have
finally adjourned.
SEC. 7. That the officers enlisted under this Ordinance, when
in actual service, or when on drill by order of the Major-General,
shall receive the same compensation as is now provided and
allowed by law to the officers of the United States Army; that
the pay of privates and non-commissioned officers shall be
sixteen dollars per month, together with the rations and
clothing allowed in said army, until the Southern Confederacy
is formed; after which time both the officers and men shall
receive such pay as may be allowed to the officers and men of
the army of said Southern Confederacy; but before the Volunteers
are called into actual service, except while on drill, as
aforesaid, no officer or private shall receive any compensation,
except that now allowed by law to volunteers: Provided, The
members of the Military Board, except the Governor, be allowed
four dollars per day, when actually engaged in the duties of
said Board.
SEC. 8. That in case any vacancy shall occur in any office
below that of Brigadier-General, the vacancy shall be supplied
as the office was originally filled. Any vacancy in the office
of Brigadier-General shall be filled by the appointment of the
Major-General, and a vacancy in the office of Major-General
shall be filled by the appointment of the Governor, the appointment
of each being subject to the approval of the State Senate.
SEC. 9. That all Volunteers enlisted under this Ordinance
shall be allowed such exemptions and compensation as are now
allowed by law to the Volunteers in the manner now prescribed,
and also be exempt from poll tax, and shall be entitled
to their discharge when friendly relations shall be established
by treaty or otherwise between the State of Mississippi, or any
Confederacy of which she is a member, and the non-seceding
States of the late Federal Union: Provided, That said Volunteers
shall not be required to serve more than one year after
being called into actual service.
SEC. 10. That all such officers and privates as may be
disabled while in actual service, before the formation of a
Southern Confederacy, shall be entitled to one year's pay after
their discharge from the service, and the widows of those who
shall be killed in the service shall also receive for one year,
the compensation that their husbands would be entitled to if
living.
SEC. 11. That all parts of the Constitution, all act and all
laws in conflict with this Ordinance, and so much of the Constitution
as may limit the right of any Volunteers from electing
their own field officers in any manner prescribed by the Legislature,
be and the same are hereby abrogated and annulled.
SEC. 12. That this Ordinance shall take effect and be in force
from and after its passage, and continue in operation until
changed, altered or amended by this Convention, or the State
Legislature after this Convention shall have finally adjourned.
Approved January 23d, 1861.
AN ORDINANCE
To amend the Constitution of the State of Mississippi in certain particulars.
The people of the State of Mississippi, in Convention assembled,
do declare and ordain, and it is hereby declared and ordained
that the Constitution of the State be amended and altered
in the following particulars, to-wit:
1st. That the words "the United States," where they occur in
the first section of the third article of said Constitution, be
stricken out.
2d. That the words "the United States," in the seventh section
of the third article of the said Constitution, be stricken
out.
3d. That the words "the United States," in the fourteenth
section of the third article of the said Constitution, be stricken
out.
4th. That the words "the United States, or," in the twenty-seventh
section of the third article of the said Constitution, be
stricken out.
5th. That the words "the United States for twenty-years,"
in the third section of the fifth article of the said Constitution,
be stricken out, and the word "and" inserted instead of the
words stricken out.
6th. That the words "except when they shall be called into
the service of the United States," in the fifth section of the
fifth article of the said Constitution be stricken out.
7th. That the words "not incompatible with the Constitution
and laws of the United States in relation thereto," in the first
section, under the title "Militia," in the said Constitution be
stricken out.
8th. That the words "the Constitution of the United States
and," in the first section of the seventh article of said Constitution,
be stricken out.
9th. That the words "or of the United States," in the eleventh
section of the seventh article of the said Constitution, be
stricken out.
10th. That the words "the United States (the office of
Postmaster excepted) of any other State of the Union, or under,"
in the thirteenth section of the seventh article of the said
Constitution, be stricken out.
11th. That the ninth section of the seventh article of the
said Constitution be amended by adding thereto the following
additional proviso, to-wit:
"And provided further, That the Legislature may raise a
loan of money and pledge the faith of the State for the payment
thereof, when required to suppress insurrections, repel
invasions, or provide for the defence of the State."
12th. That the words "or memper of Congress," in the first
section of the third article of said Constitution, be stricken out.
13th. That the words, "members of Congress, nor any," in
the thirteenth section of article seven of said Constitution, be
stricken out.
14th. That the words "Representatives in Congress and,"
in amendment fifth to the said Constitution, inserted by act of
the Legislature, approved February the 2d, 1856, be stricken
out.
15th. That the Legislature shall have power to fix the time
of holding all elections, and may adjust the terms of office to
conform to any changes hereafter to be made, and may fix
the time for the commencement of its biennial sessions.
16th. Be it ordained and declared, and it is hereby ordained
and declared, That if any part of the present Constitution of
the State of Mississippi shall be in conflict, with any Ordinance
passed by this Convention, such part of said Constitution shall
be held to be abrogated and annulled to the extent of such
conflict, but no further.
Concerning the Jurisdiction and Property of the United States of America
in the State of Mississippi.
The people of the State of Mississippi, in Convention assembled,
declare and ordain, and it is hereby declared and
ordained as follows, to-wit:
SEC. 1. That the title to waste and unappropriated lands,
fortifications, light-houses, hospitals, custom-houses, and all
other properly owned or held by the said United States, within
the limits of the State of Mississippi, on the 9th day of January,
1861, and all jurisdiction over the same is hereby resumed
and vested in the State of Mississippi.
SEC. 2. The Legislature shall have power to pass all laws
necessary for the preservation and disposition of said lands,
fortifications, light-houses, hospitals, custom houses, and other
property, and the records pertaining to the same, or pertaining
to lands heretofore granted or sold by the said United States,
and may provide for the adjustment of the claim of the said
United States thereto.
SEC. 3. The Legislature shall have power to provide by law
for the custody and preservation of the records and judicial
proceedings of the Circuit and District Courts of the United
States in this State; and to prescribe the manner in which
suits and proceedings, civil and criminal, now pending in said
courts, shall be tried and determined, as well as to prescribe
the manner in which the judgments of said courts, or of the
Supreme Court of the United States in which a citizen of this
State is a party remaining unexecuted, and the judgments,
mandates and decrees of the Supreme Court of the United
States, in cases now pending therein, in which a citizen of this
State may be party, shall be Carried into effect.
SEC. 4. The judicial power of this State shall extend to cases
of admiralty and maratime jurisdiction, and the Legislature
shall provide in what courts such jurisdiction shall be exercised.
SEC. 5. That the late Marshals of the United States for the
Northern and Southern Districts of this State, and their assistants,
be and they are hereby authorized and empowered to
continue the exercise of their duties so far as it may be necessary
to complete the census returns of the United States, but
no further.
Suplemental to an Ordinance concerning the Jurisdiction and Property of
the United States of America in the State of Mississippi, passed on the
16th day of January, 1861.
The people of the State of Mississippi, in Convention assembled,
declare and Ordain, and it is hereby declared and Ordained, That
until otherwise provided by this Convention, or the Legislature,
the sale of waste and unappropriated lands in this State
be and the same is hereby suspended, and that the Registers
and Receivers in the several land offices in this State be and
they are hereby authorized and required to perform all the duties
of said offices, in other respects, according to the rules and
restrictions heretofore existing under the laws of the said
United States, and in case of the death or refusal of any of said
officers to perform said duties, the Governor is hereby empowered
to appoint a suitable person or persons to perform the same;
Provided, that nothing herein contained shall impair the right
of any person having title to pre-emption, according to the laws
of the United States, in force on the 9th day of January, 1861.
Adopted January 26th, 1861.
AN ORDINANCE
To Provide for Postal Arrangements in Mississippi.
WHEREAS, It is proper and necessary to avoid, as far as practicable,
any disturbance of existing arrangements and contracts
for carrying, delivering and distributing the mails;
Therefore, The people of Mississippi, in Convention assembled,
do ordain and declare, and it is hereby ordained and
declared, that all laws, contracts and regulations made by the
authority of the United States for conveying, delivering and
distributing the mails, and for the protection thereof against
depredations, which were subsisting and in force prior to the
date of an Ordinance adopted by the people of Mississippi, in
Convention assembled, on the ninth day of January, one
thousand eight hundred and sixty-one, entitled "An Ordinance
to dissolve the Union between the State of Mississippi and
other States united with her under the compact entitled, 'The
Constitution of the United States of America,'" be and the
same are hereby continued in full force and effect so far as
they are not incompatible with the terms and intent of said
Ordinance, or with the provisions hereinafter made; and that
persons charged with duties imposed by said contracts and
regulations shall continue to discharge the same; and all violations
of the postal laws aforesaid shall be prosecuted in the
name and by the authority of the State of Mississippi, in the
courts of said State having jurisdiction of crimes and misdemeanors,
in the same manner as other prosecutions are now
conducted and determined by the laws of this State.
SEC. 2. Be it further ordained, That this Ordinance shall take
effect from and after its passage, and shall continue in force
until repealed by this Convention, of suspended by such treaties
as may be adopted or assented to for that purpose by the
State of Mississippi.
Adopted January 12th, 1861.
AN ORDINANCE
Further to provide for Postal Arrangements in Mississippi.
SEC. 1. Be it Ordained by the people of the State of Mississippi,
in Convention assembled, That the office, of Postmaster General
of Mississippi be and the same is hereby created and established,
and that in the event of suspension or interruption of existing
Postal Arrangements in this State, the Governor of this
State and his Council be and they are hereby empowered to
elect or appoint a Postmaster General, with a salary at the
rate of twenty-five hundred dollars per annum, who shall,
by virtue of his office, be constituted a member of said Executive
Council, and shall enter into bond, with security, to be
approved by the Governor, in the penalty of fifty thousand dollars,
payable to the State of Missisippi, and conditioned for
the faithful discharge of the duties of his office, which bond
shall be deposited in the office of Secretary of State, and may
be sued upon as other official bonds in any of the Courts of this
State having jurisdiction thereof.
SEC. 2. Be it further Ordained, That the said Postmaster
General, after he shall have qualified as aforesaid, has full
power and authority, by and with the consent of the Governor
and his Council, to increase the rate of postage to an amount
not exceeding quintuple the present rate; to prescribe suitable
stamps for the prepayment of postage, to appoint and remove
Postmasters, and to make all contracts and arrangements
which may be necessary in the contingency contemplated in
the first section of this Ordinance, for carrying, delivering and
distributing the mails in this State, which provisions and regulations
shall remain in force until superseded by this Convention,
or by the action of such government as may be organized
by Mississippi and the other seceding States, and all laws
passed and regulations made by the authority of the United
States which are in conflict therewith, are hereby repealed and
annulled.
SEC. 3. Be it further Ordained, That in order to carry this
Ordinance into effect, the said Postmaster General be and
he is hereby empowered to employ any money in the
treasury, or other funds of the State, to all amount not exceeding
the sum of one hundred thousand dollars, and the Auditor
of Public Accounts shall, upon the written order of said Postmaster
General, approved by the Governor, issue his warrant
on the Treasury in favor of said Postmaster General, for such
sum as may be named in such order: Provided, the aggregate
amount of such warrants shall not exceed the said sum of one
hundered thousand dollars.
SEC. 4. Be it further Ordained, That all monies received and
accruing from the Postal Department in this State, in the contingency
aforesaid, for postage or otherwise, shall be collected
by said Postmaster General, and shall be deposited by him in
the Treasury of this State, and placed to the credit of the
Postal Department, and a separate account thereof shall be
kept by the Treasurer.
Adopted January 26th, 1861.
RESOLUTIONS
To provide for the formation of a Southern Confederacy.
We, the people of Mississippi, in Convention assembled, do declare
and resolve, and it is hereby declared and resolved:
First, That this Convention will immediately after the passage
of these resolutions, proceed to the election, by ballot, of
seven delegates, whose duty it shall be, when elected to represent
the State of Mississippi in a Convention of those
States which have seceded, or which may hereafter secede from
the Government formerly known as the United States of
America.
Second, That this Convention receives and adopts the suggestion
that the Convention hereby contemplated shall meet
and hold its sessions in the city of Montgomery and the State of
Alabama, and that the time for said meeting shall be the first.
Monday and fourth day of February, A. D. 1861.
Third, That this Convention accept the suggestion that each
of the States seceding from the Government of the United
States, and concurring in the formation of a Southern Confederacy
by said Convention, shall be entitled to one vote in the
said Convention upon all questions which may be acted upon
therein, and that each State send as many delegates to said
Convention as are equal in number to the number of Senators
and Reprensentatives to which it was entitled in the Congress
of the United States.
Fourth, That the said delegates be authorized to provide for
the formation of a Provisional Government for the States represented
in said Convention, to be organized and put in operation
as spedily as possible; to submit to the said Convention the
Constitution of the United States of America, as a basis of said
Provisional Government, and to provide in the plan of said
Provisional Government, or otherwise, that as early as
conveniently and properly may be, a Convention of the States
forming such Government, and such other States as may have
seceded, and then may desire to attach themselves thereto, shall
assembled to revise the Constitution and plan of Government
be so established, propose amendments and alterations therein,
and adopt a permanent plan of Government for such States--
to be submitted for ratification to Conventions of the several
States represented therein, and to be composed of delegates
elected by the people of said States in such manner as the said
Convention, or the Legislatures of the several States may
prescribe; that the said Provisional Government shall continue
until the said permanent plan of Government shall be adopted
and established.
Fifth, That in case the said Convention to be assembled at
Montgomery, as contemplated in the second of the preceding
resolutions, shall proceed to consider and adopt a Constitution
and Plan for a Permanent Government, establishing a Southern
Confederacy between the States represented therein--then
such Constitution or Plan shall be referred to this Convention
for its action: Provided, That if this Convention shall then
have adjourned sine die, then said Constitution or Plan shall be
referred to the people of this State for ratification in such
manner as the said Convention at Montgomery shall prescribe.
Sixth, That in the event the Convention of seceding
States shall not for any cause assemble at the time and place
indicated by their resolutions, then the delegates appointed by
this Convention shall be and they are hereby accredited to any
Convention of seceding States which may meet at any other
time and place, and having, for its object the formation of a
Southern Confederacy.
To Regulate the Right of Citizenship in the State of Mississippi.
SEC. 1. Be it Ordained by the people of the State of Mississippi, in
Convention assembled, That all citizens of the United States domiciled
within this State on the adoption of the Ordinance of Secession,
viz: January 9th, 1861, be regarded as citizens of
Mississippi, entitled to all the rights and privileges, and subject
to all liabilities incident thereto.
SEC. 2. And be it further Ordained, That all free white persons
born within the limits of the United States, or made citizens
thereof by naturalization or treaty, coming into this State with
intent to reside therein, shall become citizens of the State according
to the Constitution and laws of this State now in force, and as
to all other persons coming into this State with the intent aforesaid,
the present naturalization laws of the United States shall
apply and be in force, except that their oath of allegiance shall
be taken to the State of Mississippi, instead of to the United
States--and that all such persons who have made their declaration
of intention of becoming citizens of the United States, in
any of the courts of this State, or any of the States or Territories
of the United States, may, at the expiration of the time
prescribed, perfect their naturalization in any of the courts of
record in this State.
SEC. 3. Be it further Ordained, That this Ordinance shall be
subject to such laws on the subject of naturalization as may
hereafter be adopted by the Constitution and laws of such
Confederacy as this State may hereafter become a member; and
after the formation of such Confederacy, any citizen of such
Confederacy may become a citizen of this State according to
the provisions of the present Constitution of this State.
Adopted January 26th, 1861.
AN ORDINANCE
Providing a Permanent Council of Three for the Governor of this State.
The people of Mississippi, in Convention assembled, declare and
ordain, and it is hereby declared and ordained, That there be and
is hereby established a Council of three persons to be elected
by this Convention, whose duty it shall be to advise the
Governor upon important matters of State concern; who shall
continue in office until the formation of a Confederacy between
this State and other seceding States, and receive for compensation
five dollars per day while actually engaged in their
duties.
Adopted January 26th, 1861.
AN ORDINANCE
To provide for the purchase of Arms, Munitions and Military Equipments,
and for other purposes.
SEC. 1. Be it ordained by the people of Mississippi, in Convention
assembled, That the Governor and Military Board of this
State be, and they are hereby authorized and empowered to
enter into any contracts on behalf of the State, for the purchase
of all Arms, Munitions and Military Equipments, which
may be necessary for its defence, and to provide suitable
Arsenals and Magazines, for securing the same, and that they
be also authorized in their discretion, to purchase for this
State, separately or jointly, with any other State or States,
all such machinery as may be necessary in the erection and completion
of an Armory for the manufacture of fire arms, and to
appoint any agent or agents under them to carry into effect
any of the foregoing provisions.
SEC. 2. And be it further ordained, That all sums of money
which may be expended by the said Governor and Military
Board, for any of the purposes mentioned in the foregoing section
of this ordinance, shall be paid by the Treasurer of this
State, on the warrant of the Auditor, to be issued on the requisition
of the Governor, out of the fund to be collected by
virtue of an Ordinance "Entitled an Ordinance to raise
means for the defence of the State."
SEC. 8. Be it further ordained, That the Military Board is
invested with full authority, in the execution of the powers
herein conferred, to erect, or cause to be erected, if in their
opinion the safety of the public requires it, lines of telegraph
communication upon the eastern bank of the Mississippi
river, or in such other portions of the State as the public
safety, in the opinion of said Board may require.
To provide for the Representation of the State of Mississippi in the Congress
of a Southern Confederacy.
Resolved, by the people of Mississippi, in Convention assembled, as
follows, to-wit:
SEC. 1. That Jefferson Davis and Albert G. Brown be and
they are hereby appointed Senators to represent the State of
Mississippi in the Senatorial branch of any Congress or other
legislative body, of any Confederacy or Government to be
formed between the State of Mississippi and other States, as
contemplated by the action of this Convention; and that they
hold their office until the end of the next regular or called
session of the Legislature, when their successors shall be
chosen in the manner now provided by law for the election of
Senators in the Congress of the United States; and should
any vacancy occur in the meantime, the Governor shall make
an appointment to fill such vacancy.
SEC. 2. That Reuben Davis, Lucius Q. C. Lamar, William
Barksdale, Otho R. Singleton and John J. McRae, be and they
are hereby appointed Representatives of the State of Mississippi
in the Representative branch of any Congress, or other
legislative body, of any Confederacy or Government to be
formed between the State of Mississippi and other States, as
contemplated by the action of this Convention; and that they
hold their office until superceded by election, to be held in the
manner hereinafter provided; and if a vacancy shall happen,
or if the State shall be entitled to more than five Representatives,
such vacancy or deficiency shall be filled for the unexpired
term by a special election, to be ordered, conducted and
returned in the manner directed by law for filling vacancies in
any State office.
SEC. 3. That an election shall be held at the time of holding
the next regular State election, for the number of Representatives
to which this State may be entitled in the Congress of
any new Confederacy or Government of which the State may
become a member, to hold for such term as the Constitution
of such Confederacy may prescribe. If entitled to five Representatives,
the election shall be by Districts as now established
by law; but if the number of Representatives to which the
State is entitled, be increased above five, then one shall be
chosen in each District, as now organized, and the additional
number shall be chosen by the election of the State at large;
and if the number of Representatives be diminished, then the
whole number shall be chosen by the electors of the State at
large; but the Legislature may, in the meantime, reorganize
the said Districts, and increase or diminish the same, if necessary,
and the election shall be held accordingly.
SEC. 4. That all laws providing for the election of Senators
and Representatives in the Congress of the United States, are
hereby annulled, so far as they authorize the election of Senators
or Representatives in the said Congress, but such laws
shall continue in force so far as to authorize and regulate the
election of Senators and Representative in the Congress of any
new Confederacy or Government of which this State may
become a member.
Adopted January 26th, 1861.
AN ORDINANCE
To provide for Surveys and Fortification of Military Sites within the State
of Mississippi.
The people of the State of Mississippi, in Convention assembled,
do ordain, and declare and it is hereby ordained and declared, as
follows, to-wit:
SEC. 1. That the Military Board established under the provisions
of an Ordinance of this Convention, entitled "An Ordinance
to regulate the military system of the State of Mississippi,"
shall cause all necessary surveys to be made of military
sites within this State.
SEC. 2. That after the surveys shall have been made, as
directed, in the foregoing section hereof, the said Board shall
report the same to the Legislature, designating the fortifications
necessary to be erected, with estimates of the cost of
the same, and thereupon the Legislature may make such order
in reference thereto as they may deem advisable.
Adopted January 26th, 1861.
AN ORDINANCE
To authorize the Governor to borrow a sufficient amount of money to
defray the expenses of the troops of this State, now in the field:
The people of the State of Mississippi, in Convention assembled,
declare and Ordain, and it is hereby declared and Ordained, That
the Governor be empowered to borrow a sufficient amount of
money to defray the expenses of the troops of this State, now
in the field; and, to secure such loan, the Auditor of Public
Accounts be, and he is hereby required, to issue his drafts or
warrants on the sheriffs of any of the several counties of this
State, which warrants, so drawn, shall be paid by the said
sheriffs out of any State taxes in their hands, collected for the
present fiscal year, or received by them for the State taxes of
any person presenting the same: Provided, however, that not
more than ten thousand dollars of such warrants shall be
drawn.
To provide for publishing the Ordinances and Journals of the Convention.
Be it ordained by the people of Mississippi in Convention assembled,
That the Journals of this Convention shall be deposited
by the Secretary in the office of the Secretary of State;
and the Ordinances passed, and the said Journals, shall be
printed by the State Printer in the style and manner prescribed
by law for the publication of the Laws and Journals of the Legislature,
except that the Ordinances and Journals shall be
bound in one volume, in the style prescribed for the binding of
the laws. Two thousand copies of the said Ordinances and
Journals shall be published, and the printer shall be allowed
the same compensation as for printing the Laws and Journals
of the Legislature. When printed, the Secretary of State shall
transmit, by mail, to each member of the Convention one copy
thereof, and shall distribute the residue pro rata to the several
counties, as the Laws and Journals are distributed.
Adopted January 26th, 1861.
AN ORDINANCE
To appropriate money to pay the current expenses of the Convention not
provided for by law.
Be it Ordained, That the Auditor of the State of Mississippi,
shall issue his warrants on the State Treasury for the following
accounts, to be paid out of any money not otherwise appropriated,
which shall be in full of said accounts, to-wit:
F. A. Pope, Secretary, for purchase of four sheets parchment, . . . . .$6.50
C. R. Dickson, Postmaster, . . . . .108.45
J. Harvey & Co., for frame and glass for Ordinance, . . . . .9.50
C. A. Moore, . . . . .10.00
John Cleavland, . . . . .6.00
L. Julienne, . . . . .1.50
Trustees Concert Hall, for work by order of Convention Committee, . . . . .76.50
A. Reede, negro man for attendance, . . . . .40.00
Isaac Hendricks, negro man for attendance, . . . . .48.00
Jackson Gas Light Company, . . . . .7.00
Hire, boy Frank, . . . . .8.00
Sam'l Pool, for expenses in fitting up Masonic Hall, . . . . .15.00
Hire of boy Jacob, . . . . .15.00
E. Barksdale, for printing, . . . . .950.00
D. Flanery, for telegraphic dispatches, by order of the Convention . . . . .118.40
To Masonic Fraternity of the City of Jackson, for use of Hall, . . . . .50.00
More fully reported, on voting against the Ordinance of Secession.
MR. PRESIDENT: By permission, I desire to say a few words
before casting my vote. I deem it the highest duty of a delegate
to remain faithful, in every contingency, to the people
whom he may represent. No amount of odium or opposition,
existing or to come--no isolation or disaster--nor the ease of
concord--nor any transient influences--shall cause me, willingly,
to violate this sacred and vital principle. No logic can
convince me that success and honor, in any valuable sense,
will attend betrayal and desertion. It is true, momentous and
rapidly occurring events, and the manifest voice of my own
State renders and declares the opinions of my constituents in
reference to an adjustment or settlement of the difficulties of
the country, erroneous, and that this adverse declaration, so
emphatic and irresistible, naturally abates my interest in their
further consideration, and my preceding remarks were not
intended to repel or condemn anything I have seen inconsistent
with the high principle which governs me; but respectfully
to state the potential influence which justifies me in
opposing, to the last honorable extent, the declared voice of
the State, and recording myself against that which so soon
should command my obedience. And I further desire that the
circumstances attending its passage should be such as to
receive the commendation of my people, and that they should
pass upon its merits, and their allegiance to it, as dispassionate
and dutiful citizens; and most especially do I desire that the
intelligence which informs them of its passage, should not
convey to them the exasperating news of a cowardly perversion
of trust by one of their representatives, and thus possibly
cause them to transfer their indignation and contempt from an
unworthy representative to the solemn act of the State. Then,
with this view of duty and policy, for me to vote for the Ordinance,
instead of its being a mark of patriotic and expedient
concession and capitulation, would be a solemn and perpetual
evidence of weakness and treachery. But, Mr. President, as
anxious as I am touching my position and acts as a representative,
if it were possible, I am still more anxious to have all
to understand who notice my vote; that I am for resistance--not
submission to Black Republican rule: only differing somewhat
in the form and time in which that resistance should be made;
and also differing in opinion as to its effects upon those things
which should be the subject of the anxious care of every
patriot's heart. The discussion upon these differences has
been exhausted. I have no disposition to re-open that discussion.
It has ceased to be the mode for the refutation or vindication
of either or both. Here my opposition is terminated,
and I cease to be a citizen of the United States by virtue of
the fundamental principles of every independent community,
and for the future, by the operation of the same principle, owe
allegiance to the State of Mississippi alone, and shall, with all
my humble strength, conduct to an honorable result, the position
she has taken. With this explanation, I vote against the
Ordinance.
REMARKS OF J. W. CLAPP,
OF MARSHALL,
On submitting the Ordinance to provide for Postal Arrangements in
Mississippi.
He said that the committee of which he had the honor to be
the organ, appreciated the novelty and importance of the measures
coming before them, and the necessity of moving with
great caution and deliberalion, and he thought that no ordinance
or resolutions contemplating action on the part of this
body, should not be adopted until every facility was offered
for scrutinizing and criticizing it thoroughly. The subject of
postal arrangements was a very complicated and comprehensive
one, and the legislation deemed necessary to make these
arrangements efficient, extended through a long series of years,
and covered a very wide field. If the object contemplated by
Mississippi were a separate, independent political organization,
it would be necessary by an amendment of the Constitution to
clothe the Legislature with the authority to provide a system
of laws for the mail service within and without the State.
But as we looked forward to a new confederation at an early
day, of which Mississippi would be a member, and as these
postal arrangements would properly pertain to the federal
jurisdiction that may be established, all that is now necessary,
is not to interfere with the State Constitution, which is a system
of permanent organic laws, but by special Ordinance to
make a provisional and temporary arrangement, to avoid as
far as practicable any disturbance in existing regulations, and
in the habits of our people, which might lead to invidious comparisons
between the new state of things and the old.
In the Ordinance reported by the committee, the laws, contracts
and regulations made by authority of the United States,
in connnection with the postal department, were recognized
and continued in force without recognizing the jurisdiction of
the government by which they were made. In drafting this ordinance
the committee had availed themselves of the action of our
sister State, South Carolina, who had broken the ice and was
the pioneer in the present movement at the South, but had
gone a step further than the South Carolina Ordinance, by
making provision for the enforcement of the penal laws heretofore
in force, and which are neccessary to protect the mails
from depredations. This Ordinance would afford relief to those
at present committed with the mail service, who feel embarrassed
by the new attitude assumed by the State, and the new
duties thereby imposed upon her citizens; and it will, at the
same time, continue existing safeguards, without which confidence
in transmissions or remittances by mail will be lost.
At present the Federal Government ignores the independence
of Mississippi, and as long as the two governments occupy
towards each other the present anamolous position, the
presumption is that existing postal arrangements will be continued
unless obstructed by the action of Mississippi, which it
is not her interest to do. Should, however, the views or policy
of the Federal Government change in this respect, it will then
be necessary for us to adopt other and appropriate steps to
supply the citizens of the State with mail facilities.
REMARKS OF W P. HARRIS.
OF HINDS,
On submitting the Ordinance concerning Federal Jurisdiction and Property
in the State of Mississippi.
The position and character of this body, as respects its
powers and functions, in our political system was discussed the
other day. He did not intend to renew that discussion. There
was no conflict of opinions on the main point, which was the
power to adapt our State government to the new order of
things initiated by the Ordinance of Secession--those who believe
that our power is without limitation, acknowledge a
sense of duty which will confine our action within the narrowest
limits compatible with the necessities springing out of the
change of relations with the government of the United States,
and the resumption of powers conferred by the Constitution of
the United States on that govornment, in its former relations
to us. It is not necessary, therefore, to fortify by argument,
the opinion which I entertain in common with a majority of the
committee, that when the sovereign power is called into action,
it is supreme, and that the causes or motives for invoking it,
however strongly they many constrain the representatives of
the people here, through their sense of duty, cannot be assumed
as the limit of their power. It is undoubtedly the
unanimous sentiment of this body that the disturbing hand of
indiscriminate innovation shall not be employed on the State
Constitution. The public mind may and ought to repose in
the conviction that the existing State government stands today
unshaken in its authority, and that in making it independent,
so far from weakening it we have made it stronger,
for the protection of life, liberty and property, and moreover
we have made it stronger, because it is now the object of our
undivided devotion.
The act of secession has been achieved through the forms
of the Constitution so far as the people of Mississippi are concerned,
and by their free consent, It is sanctioned by their organic
law and their bill of rights. It is completely obligatory
within the limits of this State, and its legitimate consequence
must be accepted by all of her citizens, and undoubtedly is accepted
by a vast majority of them with hearty good will. In
his mind there is not a doubt that one of these consequences
is to clothe the existing State government with all the powers
which belong to the sovereign authority of a nation, and which
were suspended by the operation of the Constitution of the
United States, so long as we acknowledged is authority, and
that the State government is to-day supreme over all the
rightful subjects of government except so far as it may be restrained
by our State Constitution.
The Legislature, therefore, on this hypothesis may rightfully,
without an alteration of the Constitution, and without further
authority from this body, deal with the soil of Mississippi--the
public lands, and dispose of the subjects of the judicial power
of the United States, arising in this State; or which are now
in process of litigation in the Federal Courts.
The political jurisdiction of the United States acquired by
cession, as in the case of the Ship Island fortifications, is annihilated
by the Ordinance of Secession, and that jurisdiction
which was exercised through the Federal Judiciary, shared the
same fate.
There exists in the minds of some persons, however, a doubt
whether the mere declaration of the powers which were dormant
while we were in the federal Union, imparts to our State
government, under the present Constitution, any additional
power; as that Constitution was framed by a people, living at
the time of adoption, under the Constitution of the United
States, having emerged from the territorial condition into a
State. It is supposed that the language of a Constitution
made with reference to admission into the Union, and by a
people already bound by the Constitution of the United States,
must be construed with reference to that condition, and consequently,
that the words "legislative power" in the State Constitution,
meant only such power as the people then had, and
could not now be construed to embrace subjects covered by the
Constitution of the United States. Hence the necessity of
some additional organic provision by this body, to bring these
subjects within the range of the legislative power of the State
government. Without examing the soundness of this view,
to remove all doubt, the committee have deemed it best in
form, to confer this power. It is important that no doubt shall
exist, and none can exist if the ordinance is passed.
The government of the United States was not only a polititcal
sovereign in some respects and in some localities in this State,
but was a property owner--in trust for all the States of the
Union. This ownership existed as to the public lands, the
fortifications, lighthouses, hospitals and the like. As to the
public lands, we cannot recognize in future any title derived
from a foreign government after the act of secession, nor can
we permit a foreign government to dispose of fortifications or
other property held within our limits, as the mere instruments
of an authority which has ceased. The committee therefore
thought fit to declare that the title is now in the State of
Mississippi, in order that no doubt may arise on that subject,
with a view to the sale and disposition of the public lands and
other property, and at the same time looking to the adjustment
by treaty or otherwise, of the claim of the United States for
compensation.
The propriety of the disposition made by the ordinance, of
the pending suits and unsatisfied judgments in the Courts of
the United States, will be assented to, we think, by every one.
Our object has been not to legislate, but to remove all doubt
of the power of the Legislature over the subjects embraced in
the ordinance.
REMARKS OF J. M. DYER,
OF HOLMES,
In Convention, January 19th, 1861, on the Ordinance to regulate the right
of Citizenship in Mississippi.
Mr. Dyer said, in substance, that as one of the committee
that reported the Ordinance, he heartily endorsed it. The
object of the committee was to make as little change as possible
in the naturalization laws of the United States--indeed,
to continue them, with slight modifications, until a Southern
Confederacy should be formed, when a general system could
be adopted. He was in favor of a liberal system. He had no
desire, as some gentlemen seemed to have, to dig an impassable
chasm between us and the non seceding States. If
some of their people wish to come here and unite their fortunes
with ours, he would not throw obstacles in their way.
There were now in the Northern States upwards of five
hundred thousand persons who were born upon Southern soil,
and to the South and its institutions are warmly attached.
Many of them will return to their native land. If war shall
take place between the two sections, thousands of them will
rush to our support. Will you require those who have gone
from Mississippi, when they return home, to take an oath of
allegiance to their mother? Can you suppose that they will
be untrue to her? There is now here a gallant Mississippian,
who has been, for upwards of twenty year, absent from the
State, in the military service of the United States, but like a
true son, when difficulties surround it, he has come back and
tendered his sword to his native State. He will, if necessary,
peril his life in its defence. He will uphold our flag, or fall
beneath it. Will you ask him, who is ready to sacrifice life,
everything, in defence of his State, to take an oath of allegiance
to it? His presence at such a time, and for such a purpose,
is the best evidence that he can offer of his fidelity to Mississippi.
There are other sons of Mississippi now in the military
service of the United States who will rush to our standards if
a collision takes place between the North and South; their
acts will prove their devotion to their State; from them no
oath of fidelity should he exacted. He referred to this class of
persons to show the hardship of requiring them to be naturalized.
There were also Northern people who were as true to the
South and its institutions as if born here, and who are ready
to give to us our full constitutional rights. Many of this class
will desire to move South, in the event of a permanent division
of the Union. He could see no necessity for their going
through a regular course of naturalization; but it is said that
unless an oath of allegiance is required, that enemies and spies
will come from the North to reside amongst us. If there be
such, an oath will not restrain them. If they are base enough
to come here and act the part of spies, they will not hesitate,
to commit perjury. If such come here, we will deal with them
promptly and decidedly--deal with them as Texas did with a
similar class lately. They will find no protection in an oath
of allegiance.
He thought that in our system of government and laws, too
many oaths were required--they are too often made but to be
broken.
There is a large amount of capital now out of employment
at the North, which we should, by every proper means, invite
and induce to come South; but if the views of some gentlemen
are to he adopted, it will be driven away. Capital is timid,
and will not go where risks are to be incurred. If Northern
capitalists are to be looked upon with suspicion--if they are
to be treated as foreigners--they will not come here. Their
money will seek other channels for investment.
If foreigners come here, he would require them to be naturalized.
They generally speak a different language from ours,
and are unfamiliar with our laws and our system of government,
and hence should go through a course of pupilage to fit
them for citizenship; but such is not the case with those born
within the United States, and with them such pupilage is not
necessary.
But, further, those who come here will not be at once clothed
with the rights of citizenship. A residence of twelve months
in the State, and four months in the same county, will be
necessary to authorize them to exercise any public rights.
In the short period of sixty days, a Southern Confederacy
will be formed. Why not wait till then, before adopting a
general system of naturalization? There is no great necessity
for adopting one now. The Ordinance, if adopted, will be
sufficient for the present exigency, and the General Convention
can make provision for the future.
REMARKS OF GEO. R. CLAYTON,
OF LOWNDES,
On the powers and duties of the Convention, as set forth in a series of
resolutions introduced by him, January 15th, 1861.
He said in substance--that he had introduced the resolutions
for the purpose of defining the duties and power of the
Convention to prevent confusion hereafter, and also save the
State from a precedent which might endanger the liberties of
the people. That he could not subscribe to the theory that the
power of the Convention was absolute and unlimited over the
persons and property of the citizen. Conventions of the people
by delegates occurred but seldom, and some crude opinions
existed as to their power. He conceived that they possessed
no inherent power, but only derivative. The relation between
the delegate and the people was that of representative and
constituent; principal and agent; and they could exercise no
power except such as had been entrusted to them by those
they represented. They acted alone in a fiduciary character,
and not discretionary beyond the trust reposed.
The doctrine of absolutism in the Convention changed the
form of our government from a representative democracy to
an oligarchy. He invoked the consideration of the Convention
to avoid the dangerous precedent that might be established by
their action, and in avoiding Scylla take care that the political
bark might not be wrecked upon Charybdis. He desired also
to elicit from gentlemen whose analytical and synthetical
power of mind enabled them to investigate great fundamental
principles of government, views and opinions which would
materially direct the action of this body and prevent conflicts
between the Convention and the departments of government
already established under the Constitution, in whom have
been reposed the exercise of the power over subjects proposed
to be acted on by this body.
The first resolution enunciated the principle that the power
of the Convention was limited in the opinion of Mr. C. to the
specific object which called them together, and such incidentals
necessary to accomplish the same. He did not believe that
any other subject could legitimately be acted on by the Convention
without submitting it to the people for their ratification.
He felt satisfied it would be the proper course to pursue,
whatever might be the opinion of gentlemen upon the abstract
question of conventional power.
The only question presented to the people, of his county was
the secession of the State from the Federal Union and the formation
of a Southern Confederacy. Upon all matters connected
with that object he felt himself fully instructed, and could
carry out the wishes of his constituents, and felt fully authorized
to act. But upon subjects not discussed and considered
by the people of his county, he did not realize authority to
bind them without consultation or submitting to them those
subjects for their decision. Whether he was right or wrong
in his views abstractly, as a practical question he was sure it
was the safest course to protect the political rights of the
citizen.
He confessed the second resolution assumed a bold position,
but he considered it correct. It enunciated two propositions:
1st. That the people had a right to alter or abolish their form
of government at pleasure. 2d. That until expressly altered
or abolished, in was supreme to the extent of its power. That
the first proposition was fully established by the second
section in the "declaration of rights" in the State Constitution.
The second proposition he thought was equally true.
All political power was in the people in the first instance, but
when delegated to departments to be exercised under a form
Of government for the common good, it could not be exercised
even by the people themselves until resumed. That many of
the subjects presented to the Convention for action were
purely legislative, designed to act immediately and upon the
citizen. The Constitution had placed all legislative power in
the Senate and House of Representatives, and declared that
no acts even of those bodies should have the "force and effect"
of law until certain forms had been complied with. He conceived
that no power could, therefore, legislate so as to give
force and vitality to law which would be obligatory upon the
people, but in the department in whom the legislative power
had been vested. That the people of the State assembled en
mass could not pass a law that would be recognized by the
courts, without first changing their Constitution; and if the
people could not do so, surely their delegates could not do it.
That he did not think the condition of the country rendered
a fundamental change of the form of our government necessary;
that everything this Convention contemplates of a legislative
character was fully within the power of the legislative
department of our State government, and could be carried out
in a constitutional manner; that we might be brought in
conflict with that department if we attempted legislation without
an alteration of the Constitution, which he did not deem
necessary.
He stated that the third resolution enunciated a similar
principle with the second--that if the Convention had power
to exercise the functions of one department it could the other,
and by ordinance reverse the decisions of the Supreme Court
--that the course of the Convention, if many ordinances proposed
were adopted, was uprooting the very foundations of the
government. Gentlemen had said this was a Provisional
Government we were adopting. He saw no necessity for a
Provisional Government. We had a perfect government.
Provisional Governments were generally the result of revolutions.
He could not admit the action of the State was a revolution.
It would place our citizens in an awkward position
with the Federal Government. That as a sovereign State we
had resumed the power delegated to the Federal Union, and
those powers were, by the act of secession, under the control
of the respective departments of the State Government to
which they belong, whether Executive, Judicial or Legislative
--that all the Convention was required to do was to amend
the Constitution where necessary to adapt the government to
the new order of things, and the Legislature to pass such laws
as were proper for the free use and enjoyment of the resumed
power.
That he considered the fourth resolution as pointing out the
proper course for the Convention to pursue, viz: This Convention
having adopted and ratified the ordinance of secession,
resuming it the name of the State of Mississippi, the powers
delegated to the Federal Government, should make only such
alterations in the Constitution as will place the State Government
in full and complete exercise of the resumed powers, and
take such action as it may deem necessary for the organization
of a confederacy of the seceding States, leaving all other
matters connected with the interests of the people in the respective
departments to which they belong, under our present
form and system of government.
REMARKS OF A. M. CLAYTON,
OF MARSHALL,
On the proposition to levy a special tax on slaves. In Convention, January
21st, 1861.
Mr. Clayton said: The proposition before the committee,
is to lay a tax of sufficient amount at once, to meet the
necessities of the State in the present crisis. He frankly
acknowledged that he preferred the system reported by the
Committee of Ways and Means. Their plan, in substance,
was to raise by means of Treasury notes and bonds to be
issued from time to time, as the Executive might deem necessary,
as much money as would serve the purposes of the
country. In their general plan he concurred, though he might
differ as to some of the details, and he was ready to surrender
all minor differences to the paramount interests of the State.
In the last hundred years, no nation had undertaken to raise
by immediate, direct taxation, the funds necessary to carry on
war. The most absolute despot in Europe would as soon think
of abdicating his throne as to resort to such a course. Indeed,
it would amount to abdication, for it would result in revolution,
and in an overthrow of the government. Now, in the event of
war, every nation in Europe seeks the capitalists to obtain
funds for its maintenance.
The same course is now being pursued by the States on this
Continent. New York has just passed a bill to raise a loan of
ten millions to be tendered to the United States to aid in
coercing the South. Virginia has passed a similar bill to raise
one million, by way of loan, to prevent this coercion. Let
Mississippi follow these examples, and appeal to the patriotism
of her own people. Let her issue treasury notes of so small
an amount that even the humblest of her citizens can aid in
the movement.
When Louis Napoleon, in his war with Austria, was reduced
to extremity for money, and when he found the coffers of every
capitalist closed against him, he resorted to this plan. He
appealed to the French people for loans in very small sums.
It enlisted the sympathy and support of his people; they came
to his aid, furnished the necessary means, and caused victory
to perch upon his banners.
The same policy here will lead to the same result, and exempt
the State from heavy taxation.
There is another reason for this course. The benefits of this
great movement, if our hope should be realized, will be greater
to our children than to ourselves. It is but just, then, that
they should bear their share of the burthen. This call only be
done by raising a fund of which they will have to pay their
share.
But the plan of the committee does not propose to rely entirely
on this issue of notes and bonds to create the necessary funds.
It also proposes to lay a tax of limited amount for the same
purpose. Of this I entirely approve. It has the double effect
of lessening the amount of treasury notes to be issued, and of
inspiring confidence in their payment. In this manner it will
tend to secure their sale, and to raise the money which is
needed.
The point on which I must differ from the report of the committee,
is as to the nature of the tax to be laid. Instead of
placing it on all the taxable property of the State, I propose to
lay a special tax of seventy-five cents on each taxable slave
in the State, in addition to the already existing tax upon slaves.
I propose to do this, because the entire tax will then approach
very nearly to the advalorem principle adopted in reference to
most all other kinds of property. If we assume $600 as the
present average value of negroes, the tax of one dollar and
fifty cents is just one-fourth of one per cent. on the value.
It is with no wish to discriminate against this species of
property, nor with any wish to inaugurate a system of class
legislation, that I advocate this plan, but solely with a view
to make the system of taxation as nearly uniform as possible,
and to place it on the most equitable principle, Taxation is
the price which property pays for protection; and that price
should be commensurate to the value. I shall submit an
amendment in conformity with these views.
Before concluding, I beg to say a few words on the banking
feature contained in two of the substitutes offered in lieu of the
ordinance of the committee.
The first proposes to make the State a large stockholder. I
object to any union of Bank and State. It converts the bank
into a political machine, and turns it away from the proper
objects and purposes of a bank.
The other proposes the free banking system. In highly
commercial cities, as in New Orleans, this system has proved
successful. In agricultural communities, I should have great
fears of its appropriateness. In Illinois and in Tennessee it
has proved a lamentable failure. I should therefore very
much distrust its efficiency to aid in raising revenue, in
an emergency like this. I very much prefer the plan of the
committee to these.
The amendment proposed is as follows:
Resolved, That in order to equalize the tax on slaves with ad valorem tax
on other property, an additional tax of seventy-five cents shall be levied
upon each and every slave in this State, under the age of sixty years for
the present fiscal year; which tax shall be collected and paid into the
treasury of the State at the same time and manner as other State taxes, to
aid in creating a fund for the defence of the State.
REMARKS OF J. W. CLAPP,
OF MARSHALL,
In Convention, January 15th, on the "Resolutions to provide for the
formation of a Southern Confederacy."
Mr. Clap said: When this subject was before the Convention
on a former day: he had expressed no opinion in reference
to it, but it was not because he did not entertain a fixed and
matured opinion. He did not suppose that any one who had
studied the philosophy of the present movement could have a
reasonable doubt that there was an irreconcilable antagonism
of opinion between the two sections. The President elect has
sounded the key-note, and struck at the root of the difficulty
when he said "there is a judgement and conscience at the
North against slavery which casts more than a million and a
half of votes, and which must find an outlet either through the
peaceful channel of the ballot-box, or in the multiplication of
John Brown raids.
Our policy toward the non-slaveholding States should be
dictated by prudence; and whilst we prepare for war, we
should do nothing to produce unnecessary exasperation, but
extend to them the olive branch. However brave a people
might be, and however well prepared for war, yet war was,
under almost all circumstances, a calamity--a terrible calamity,
to be avoided by all honorable means. But whilst we
avoid giving unnecessary offence, we should at the same time
reject all idea of re-union or political confederation with the
non-slaveholding States. The moral antagonism is irreconcilable
and ineradicable, and must wherever we are brought together
under the same government, necessarily result in political
antagonism. Their tendency is toward aggregationalism
and centralism--ours toward individualism; their idea of liberty
was the unrestricted control of numerical majorities--our
idea of liberty was Constitutional and Institutional. Our
fathers who framed the Federal Government, perceived these
sources of discord, and endeavored to guard against them in
the provisions of the federal compact. But how long before
these guaranties were disregarded? It was because of the inefficiency
of these Constitutional restraints that we were
driven to the necessity of separating from the non-slaveholding
States.
We are now touching chords that will vibrate throughout
the world, and for coming years, vitally affecting not only the
interests of our State and of the South, but of this continent
and the world. Having snatched the Constitution, the work
of our fathers, from the hands of those who were ruthlessly
violating its provisions, we owe it to the memory of its authors
and to ourselves that we shall not expose it to the same
peril, with the moral certainty of a like result.
Were we to re-unite the scattered fragments of this confederacy
to-day upon the footing of equality of representation,
giving to each section the same population, this inequality
must, in the nature of things, be of short continuance. As
long as we remain almost exclusively an agricultural people,
our white population must he comparatively sparse, and whilst
the North would at least keep pace with us in natural increase,
the drift of immigration would add to their numbers from two
to four hundred thousand annually, which would swell the
basis of their representation until the South would soon find
herself again in a hopless minority, warring against a spirit of
aggression, that it diverted from one object of attack, would
soon single out another. It is not slavery alone that is now
assailed, but government and law wherever they impose restraints,
or tend to conserve existiag institutions.
Woman was to be degraded, by conferring upon her rights
foreign to her sex, and identifying her with the strifes and competitions
of the sterner sex, whilst the marital tie is to give way
to the licentiousness of free-loveism. Agragrianism, now directed
against the public domain, will be directed against property rights
in some other form. The Bible is to be overthrown and supplanted
by spiritualism and infidelity, and the Deity Himself dethroned,
that fanaticism may have undisputed sway. These are the fearful
elements at work under the foundations of society in the non-slaveholding
States, and which must work out their legitimate
results--first anarchy--then civil commotion and bloodshed, from
which a refuge will be sought in military despotism.
The eternal antagonism between labor and capital, whose battle
cry is "bread or blood!" will produce the same results in the
North that have been witnessed in France and wherever the
experiment has been tried, and the same feeling of self-preservation
that placed the crown upon the heads of the two Napoleons,
will hand over the reins of government to some military chieftain
clothed with despotic power.
Having escaped from this "irrepresible conflict" by peaceful
separation, let us not be so blind to the lights of history, so forgetful
of the past in our own experience, as to incorporate these
perilous elements of discord and dissolution into the new government
which we propose to inaugurate, but let that government set
out in its career composed of homogeneous interests and materials,
that it may have a fair opportunity to vindicate the great cause of
constitutional and institutional liberty, and to develop those gigantic
resources within its control. If our fathers were baffled in
their patriotic effort to bind this demon of discord with the
thongs of the Constitution, how can we hope to be more fortunate?
Let us profit by their experience, and, if I may use the expression
without irreverence, let us be wiser than they were, and instead of
vainly attempting to adapt man to government, let us adapt government
to man.
If history has taught us one truth more clearly and unmistakably
than another, it is that if the institution of slavery is to be
permanent, it must be controlled exclusively by the people
amongst whom it exists. Foreign authority, or the power to
intermeddle by a government or people not identified with the
institution, is death. It was a clear perception of this truth that
weighed upon the mind of the illustrious Calhoun, and it was his
inability to avert the impending doom of the South in the Union,
and the misconception of his motives, that ultimately crushed his
proud spirit and broke his great heart.
Let us, then, whilst we cultivate friendly relations with the
people and States of the non-slaveholding section, and if need be,
present an unbroken front with them as to the rest of the world,
yet preserve our government and institutions separate and distinct.
But whilst I entertain these views--the result of my deliberate
convictions--I would not feel justified in persistently maintaining
them against a contrary opinion entertained by the Southern
States with whom we propose to confederate; and if I were to
find my individual judgment, or that of my State, against South
Carolina--the Harry Percy of the South, that has led the van in
our great movement--against Georgia, Florida, Alabama, Louisiana
and other Cotton States, thoroughly identified with us in
interest, I should distrust the correctness of that judgment, and
defer to their opinion. This, our delegates to the Southern Confederating
Convention would not be at liberty to do, under the
amendment offered by the gentlemen from Monroe, (Mr. Gholson)
but would be compelled to return home; whilst there, I would
not make the exclusion of every free State a sine qua non with
our proposed Confederate States. I would, by the vote of this
Convention, advise our delegates of the course we wish them to
pursue as our representatives.
REMARKS OF J. WINCHESTER,
OF ADAMS,
January 11th, 1861, on the powers and duties of the Convention.
He said, in substance, that the Convention, before taking further
proceedings, should settle definitely the powers of the delegates
here. The question was incidentally raised on the second
day of the session, and various members participated in the discussion.
From the opinions then expressed, it was obvious that
there was a great difference of opinion. That he could not assent
to all that was then advanced. That it was asserted that we were
the people in sovereign power assembled, with the entire sovereignty
of the State vested in us. That he could not agree to
this. That while it was true we represented the sovereignty of
the State, it was to a limited extent. The Legislators represented
the sovereignty of the State, but it was to a limited extent. His
Excellency, the Governor, represented the sovereignty of the State
to a limited extent, also; and so did the Judges. They, as well
as we, are the agents of the people in their sovereignty. But our
powers are limited by the letter of attorney which called us here.
We are delegates to a convention. The powers of a convention,
for the purposes for which we are elected, are as well defined
under our American system of conventions, as are the
powers of a Legislature. The delegates to a Convention have the
power to form, where no government has been established, a government;
or, where a government has been formed, to make such
revision, change or alteration as circumstances may require. But
the power of a Convention is, by our American system, limited to
the establishment of a democratic, republican form of government.
Now when we met here, how stood the State of Mississippi? She
had a government formed. Part of the powers were vested in the
federal government of the United States, and the residue in the
State government. This Convention had seen fit to annul and
abrogate the powers confided to the Federal Government. Having
done that, our powers were at an end, unless it became necessary
to alter or add to the powers of our State government. Some
alteration might be necessary in our State Constitution, and some
additions might be rendered necessary. The people had seen fit
to place a restriction upon themselves as to their qualifications as
electors. They had said none but a citizen of the United States
should be a qualified elector in this State. It might be necessary
to strike out this clause, as well as several others of the same import,
in the Constitution, by way of amendment. It might be
necessary to add, that the Legislature should have power to declare
war, grant letters of marque and reprisals, and make rules
concerning captures on land and water; and it might be deemed
advisable to abrogate entirely the 9th section of Article VII. of
the Constitution, and insert in lieu a provision that the Legislature
be empowered "to borrow money on the credit of the State."
This done, our powers and duties were at an end. The public
anxiety would be relieved: no fears would be apprehended that
we were about to establish a monarchy, a despotism or an oligarchy.
We would have finished our work, and established a complete,
democratic, republican form of government, with all the
machinery to carry it into execution, "The powers of the government
of the State of Mississippi shall be divided into three distinct
departments, and each of them confided to a separate body
of magistracy, to-wit: those which are legislative to one, those
which are judicial to another, and those which are executive to
another." By adopting these amendments, changes and additions
to the organic law, which, in his estimation, embraced the whole
power of this Convention, our work would be ended in an hour so
far as settling the organic law of Mississippi is concerned--all
matter else would be as to our own internal affairs.
REMARKS OF J. S. YERGER,
OF WASHINGTON,
January 25th, on the Ordinance to raise means for the defence of the State.
Mr. Yerger said, he had not intended to have said anything
in support of the amendment offered by the delegate from
Copiah, (Mr. King,) but to content himself with casting his
vote in favor of it again, as he had done on two previous occasions
when it was before the Convention.
The propositions contained in the amendment had seemed to
him so eminently just and proper under the circumstances in
which we were placed, as to commend them to the sanction
and approval of the Convention, without the necessity of speech
or argument to enforce their adoption.
But in this supposition, it seems, by the determined opposition
manifested this morning to the adoption of the amendment,
he was mistaken. He should, therefore, ask the indulgence
of the Convention whilst he made some suggestions
tending to show the power of the Convention to levy the tax
proposed by the amendment, and the justice and propriety of
the tax itself. The liability of the citizen, and his duty to pay
his contributive share to the revenue, to support and maintain
the government, is a debt of allegiance which every citizen
and subject owes to the sovereignty and government of which
he is a member. This debt and duty rest alike upon every citizen,
and is a personal obligation that attaches to him individually,
and not on his property, unless so provided by law.
The amount and the mode of payment are to be determined
by the sovereign will, either in fixing it, as a debt in personam,
to be paid per capita, or as a debt in rem, to be charged alone
upon the property of the citizen within the jurisdiction of the
State. In this State, by its policy and legislation, taxes have
always, with a few rare exceptions, been assessed in personam,
and the property of the individual used as a criterion by which
to ascertain and adjust equally and fairly the amount which
each citizen should contribute and pay to the support of the
State government, and as a means of securing the punctual
payment of the tax assessed and ascertained. The proposition
contained in this amendment is to introduce, as an additional
subject of taxation, money loaned at interest, invested in
stocks, bills, etc., beyond the limits of the State, by the citizens
of the State. It simply proposes to tax the citizen personally,
and as a means of ascertaining the proper and just
amount with which he should be taxed, directs that it shall be
ascertained what means he has in addition to his property
located in the State, and upon the amount being ascertained,
fixes the per centum upon the whole as the amount that it is his
duty and obligation to contribute to the revenue of the State;
thus creating a more personal debt and liability on him.
The power and authority of the State so to fix and determine
his liability is unquestionable. It rests upon the jurisdiction
of the State over the person of the citizen, and of his duty and
obligation to pay that which the State may determine is his
proper proportion, toward the necessary support and maintenance
of the revenue of the government which protects him.
The certificates of stock, bills, notes and securities for money,
are but choses in action, which in contemplation by law follow,
and are always with the person of the owner, and as much
within the jurisdiction of the State, for the purpose of taxation,
as his land and slaves lying within the borders of the State,
or his money in his possession, or loaned within the State. If
he dies, they pass by the law of distribution of his domicile.
If transferred, they pass by the law of the State in which the
transfer may be made; thus showing that they are purely personal
rights, which have no situs except the place where the
holder resides, or is. Wherever he is, or wherever they reside,
there they are. Thus it is with money: wherever the
citizen resides, with him his money always is, in contemplation
by law, for all purposes of disposition and appropriation.
The State of which he is a citizen as much protects him in
the possession, use, enjoyment, investment and disposition of
his money and choses in action, as it does in the possession and
cultivation of his lands, or the labor and profits of his slaves.
The opponents of this amendment mistake its object and scope,
when they suppose that the tax is laid upon the money, and
choses in action in which the money has been invested. The
tax, is upon the citizen. The money, and choses in action in
which it is invested, are but used as the criterion for ascertaining
the amount proper to be assessed against him, as has
been remarked before.
There is no restriction in our Constitution, or in the act of
convoking this Convention, which limits the power of the
Legislature or of this Convention to the imposition of a tax
upon the property located, or the money invested, within the
State. They can impose the tax upon the person of the citizen
alone, or upon the property alone. It is a subject peculiarly
within their discretion and jurisdiction--the exercise of the
sovereign power, without any constitutional check or limitation.
They can impose it upon one, or both, or upon the individual
personally, making the property security for its payment,
as is proposed to be done by this amendment.
If gentlemen who oppose this amendment will show the
decision of one respectable Court gainsaying the position he
had assumed, in any State having similar provisions to our
Constitution, or which denies to the State the right to ascertain
and fix the liability of the tax payer, as a personal obligation,
he would at once change his vote, and cast it with them
in opposition to the amendment. This, he was confident, they
could not do, as he had, in another forum, occasion most carefully
to examine the authorities upon that question, and was
unable to find any respectable authority militating against the
proposition here assumed. He did, however, find ample
authority to sustain and uphold his position, and the principle
of this amendment. If the power exists, the propriety of its
exercise, in the present exigency of the State, is unquestionable.
Why should we scruple or hesitate to exercise this
power in the manner designated in the amendment, at this time
of all others, when the very existence of the sovereignty of the
State, and the protection of its citizens, and their property, so
much depend upon the accumulation of revenue sufficient to
arm and equip an efficient body of citizen soldiers. We now
tax the money of the citizen loaned and invested within the
borders of the State, and why should we refuse to tax the citizens
of the State an equal amount on account of the money
that he lends or invests beyond the limits of the State.
The exemption and immunity, thus sought to be created in
favor of the citizen who loans and invests his money abroad,
have no sound policy to sustain them, and would be most unjust
and iniquitous so long as we tax the citizen of the State
on money loaned and invested within it.
If any exemption is to be made, it should be in favor of the
citizen who loans his money within the State, thus adding to
its capital and means of development.
If the citizen takes the proceeds of his crop, and product of
his property, and invest it in the purchase of land and property
within the State, this property, so purchased, is taxed. Upon
what principle of policy or justice is it that the citizen, who
takes the proceeds of his property, and instead of investing it
within the State in other property, diverts it to other channels
of trade beyond the jurisdiction of the State, should be exempt
from the same tax paid or imposed upon his neighbor. He
could see none. The same constitution, the same law protects
the persons of both citizens, and the possession and use of
their property alike; and he thought it but just that each
should bear an equal proportion toward the support and maintenance
of the government that protected both. These suggestions,
thus hastily thrown out, had been sufficient to determine
him to support the amendment before the Convention,
and he hoped might aid in disabusing the minds of members
of the Convention of the artificial and sophistical reasons assigned
as sufficient to warrant members in opposing the
amendment. He knew that gentlemen could not find any respectable
judicicial authority to sustain their view on the
question of power to lay the tax, and to his own mind the justice
and fairness of the proposition were evident. The legal
power and authority of the Convention to impose the tax proposed
by the amendment is unquestionable, both in principle
and authority. The proposition itself had fairness, justice and
equality to sustain and sanction it, and he should vote in favor
of it.
REMARKS OF JOEL H. BERRY,
OF TIPPAH,
In Convention, January 24th, on the proposition to lay a special additional
tax on negroes.
MR. CHAIRMAN: I am in favor of the resolution offered by the
gentleman from Carroll, (Mr. George,) for the simple reason
that it embodies the same proposition, in substance, that I had
the honor to submit a few days ago. In providing means for
the defence of the State, there is no good reason why negroes
should not bear as great a burthen as any other property. I
do not wish my position upon this question to be misunderstood.
I am utterly opposed to class legislation, or of making
any discrimination against negro property, or of doing anything
else that would be prejudicial to the institution of slavery.
No one, sir, believes more strongly than I do in the
great truth enunciated by Mr. Calhoun: that African slavery,
as it exists in the South, is a blessing to both the white and
black races. In no other country, nor in any other age of the
world, so far as their history is known, have the African race
attained so high an elevation, or enjoyed so much happiness,
as they have in a state of servitude in the South. On the
other hand, there is no place upon earth where the poorer
classes of white people occupy so high a position as they do
here, where African slavery exists. An abiding conviction of
these truths upon the public mind gives to slavery its chief
strength. It is this conviction that places it so high in the
affections of the people. We should be careful to do nothing
here that would, in the slightest degree, diminish this attachment
for it. And I now ask gentlemen, in all candor, if the
conviction should be forced upon the minds of the non-slaveholders
of this State that negro property is not to bear as
heavy a burthen in providing means for our defence, as land
or other property, if it will not sow the seeds of discontent
and excite a prejudice against the institution of slavery itself?
I represent, sir, a constituency, a large majority of
whom are non-slaveholders; and I venture to predict that
should the soil of Mississippi be pressed by the footsteps of
an invading foe, my constituents will be found in the front
rank and in the thickest of the fight, in repelling the aggressor.
But I do not ask, nor do they desire, any discrimination in
their favor, or any exemption from a just and equal share of
pecuniary burthens. What I ask, and what they have a right
to demand, is, that every one shall be taxed according to his
ability, or in proportion to what he is worth, This is in strict
accordance with the good old Scriptural rule; and here permit
me to remark, that as distinguished as this Convention is
for talent and ability--composed, as it is, of the most distinguished
men in the State, with the exception of myself, and
perhaps a few others, [laughter]--they are not so highly exalted
as to be above the obligations of Divine authority. The
Scriptural rule alluded to, is: Let every one contribute "according
to what he hath, and not according to what he hath not."
The distinguished gentleman from Marshall, (Mr. Walter,)
contends that negro property already bears a full share of
public burthens--even nine-tenths of the burthens of the country,
if I understand him correctly; and furthermore, that
negroes were a burthen, or tax, to their owners, from infancy
until they are twelve years of age. Now, by whatever process--
speculative or otherwise--by which my distinguished
friend arrived at his conclusions, I beg leave to assure him,
with the kindest feelings and highest respect, that as long as
the people have before them the plainest facts and figures,
deduced from the public records, directly conflicting with his
position, so long will they believe that our present revenue
system makes a discrimination in favor of negro property,
and is therefore unequal and unjust. To show this conclusively,
let us pause a moment. The average value of land in
this State, according to the last assessment, is seven dollars
per acre, or eleven hundred and twenty dollars per quarter
section. The State tax is twenty-five cents for every one
hundred dollars in value, amounting on an average to two
dollars and twenty-four cents per quarter. By imposing the
same rate of taxation upon all negroes under sixty years of
age, estimating their average value at six hundred dollars, the
tax upon each one would amount to one dollar and twenty-five
cents--precisely sixty per centum more than the present tax,
which is seventy-five cents per capita. These facts and figures
speak for themselves, and cannot, I think, be gainsayed or
refuted.
With regard to the burthen of supporting young negroes,
to which the gentleman alludes, allow me to say that it is
just such a burthen, or tax, as most persons are very willing
to pay, and usually results in making them and their children
rich.
The question again recurs, sir, with all its force, what good
reason can there be for exempting negro property from a full
and equal share of taxation? This policy is not only unjust,
but, under existing circumstances, I think exceedingly unwise.
I beg leave to remind gentlemen that it is a storm without,
against this species of property, that is the source or all our
troubles, and we should be careful to give no just cause of
complaint, within, against it. Conflicting views and opinions
should be respected, and, if possible, harmonized. Indeed, sir,
it is one of the highest attainments of true statesmanship, in
revolutions like that through which we are now passing, to
unite all discordant elements, and to bold the masses of the
people together, and to keep them moving steadily on toward
the accomplishment of the great object in view. We have an
illustrious example of the success of this policy in the history
of Virginia. In the beginning of the Revolution, some of her
people were too hot, some too cold--some were moving too fast,
others too slow. Such were the consumate skill and wisdom
of her councils, that those who were too fast were held back;
those who were too slow, were impelled forward; and thus all
were kept moving steadily together in support of the great
cause of Independence. The result was, less division in Virginia
than in any other Colony, or, in other words, fewer tories.
I trust, sir, that we shall profit by her noble example. Let
equal justice be meted out to every interest and to all classes.
Let all the citizens of the State feel, from our proceedings here,
that we regard them as standing upon a common platform,
and united with us as a band of brothers in a common cause,
determined to maintain, at all hazards, the rights, the honor,
the dignity and the independence of the State of Mississippi.
Permit me to apologize to you, sir, and to the Convention,
for having detained you longer than I intended. Nothing but
all imperative sense of duty, which I owe to those whom I
have the honor, in part, to represent on this floor, could have
induced me to address you at all upon the present occasion.
REMARKS OF D. C. GLENN,
OF HARRISON,
On voting against the amendment of Mr. George to increase the tax on
slaves, having previously voted againt laying said amendment on the
table. January 24th, 1861.
His reasons were these: He confessed himself not familiar with
the principles or details of measures of revenue. Since he had
been here he had sought information where he could best find it,
the Committee of Ways and Means, and no member of it had sent
us any report. He had heard all said upon the floor and was not
greatly enlightened. In this condition of things, members propose
a sudden increase of taxes upon slaves. To justify it they have
offered a bare assertion that the present tax on slaves is greatly
less than the tax on lands. If this be so, it certainly should not
remain so. Equality, or so near an approach to it, in a tax bill,
as in the nature of varied property can be attained, should be our
rule. In reply, those who oppose this motion have been as sparing
of facts, figures and argument for their cause as those who maintain
it. Thus members are left to be guided solely by their own
reflections.
The first reason which presented itself to him was, that the
gross inequality of the tax on slaves complained of, had for years
existed by law in our State, and had received the sanction of many
Legislatures. How could this be? Why has it not been pointed
out and corrected before? Why was it not brought to the attention
of the law-makers in time of quietness and peace? Why
was its discovery reserved for this hour of perplexity and confusion?
Is there not a significant, a dangerous implication in the
fact that it is now for the first time pressed home upon the
law-making power? It is said, though, that it has been pressed
upon the Legislature. If so, then it must have failed there of
course, and that alone raises a powerful presumption against it.
As for the position that there was anything in the nature of the
property sought to be taxed in connexion with present or coming
events, which would sustain the resolution, he wholly dissented
from it. As for himself, if his mind was in doubt on any subject,
and one course might suggest the idea of discrimination and the
other would not, that fact would solve his doubts, and resolve him
upon the latter course. No especial property was here imperilled,
but all property and all right. The law was violated, without
which no property can usefully exist. If violated as to one species
it is violated as to all. Though aimed at a special point, the
whole frame-work of our civil rights must bear the shock. For
instance, but one citizen may hold a contract, if you violate it, for
the time being, but the one may suffer; yet all in this or in some
other vital point will inevitably say a penalty for a violated principle.
Under the law it is true a man's rights are positive, but
they are also relative. While my rights are protected it is an
implied, if not an expressed condition of society, that my neighbor's
shall be also. There is, there can be no property in Mississippi
which needs either special privileges or merits special burden.
There are, there can be no rights in Mississippi, which under any
circumstances should pay a dearer price than others for that protection
which is the end and aim of all government.
He believed there was wisdom in adopting the present revenue
laws of the State as a basis for our action. There may be mistakes,
errors or inequalities in them. The presumption is, however,
against them. If there be such, leave them for the Legislature to
correct, amend or abolish as the may feel instructed by their convictions
to do Taking this basis, with addition of new subjects of
taxation only, he was willing to vote an increase of any per cent.
upon present rights deemed necessary to meet the wants of our
people.
REMARKS OF F. M. ALDRIDGE,
OF YALOBUSHA,
On the proposition of Mr. George, "that in order to make the State tax on
slaves equal to the State tax on other personalty and on land, the above
mentioned tax of fifty per centum on the present State tax, shall not
apply to slaves, but instead thereof an additional special tax of one dollar
and twenty-five cents be imposed on each taxable slave, to be collected
and disbursed as the other taxes herein provided for." Jan. 24th, 1861.
My apology for asking the attention of this body, is, I have
rarely expressed my opinions except by voting. The ordinance
under consideration provides for increasing the revenue by an
increase of the present State tax fifty per cent. That law taxes
negroes seventy-five cents each--a specific tax--and land at
twenty-five cents on the hundred dollars. The amendment of the
gentleman from Claiborne, (Mr. Ellett,) proposes to lay a tax
upon all property at its value, whether that property consists in
land or negroes. The amendment of the gentleman from Carroll,
(Mr. George,) increases the tax upon all taxable property fifty
per cent., except negroes, and upon them fixes an additional
specific tax of one dollar and twenty five cents.
It is urged by the friends of this ordinance that we should not
disturb the principle of taxation fixed by the Legislature, but only
increase it so as to meet the present exigencies of the State. If
this argument is worth anything, it establishes too much. It was
proposed that the Legislature should have taken the whole subject
of revenue under consideration, as it is the ordinary law-making
power of the State. It would have had full and ample
power, after a few constitutional restrictions and limitations were
removed by the Convention in relation to the mode of pledging
the faith of the State. The Convention, however, thought proper
to enter into the general subject of legislation in raising the
necessary revenue. This policy having been adopted, we should
not be trammeled by any precedents or rules established by the
Legislature further than they have the approbation of our judgments,
as to the proper policy of the State. We act for ourselves,
and not for the Legislature, and it would be no apology for our
violation of a correct principle of legislation, that the Legislature
had established the precedent. Their policy of legislation has
been that of class of legislation, which is wrong in principle, and
fruitful of innumerable ills in practice. Laws should be few,
simple and general.
What is the effect of the class legislation adopted by the Legislature?
Under its operation, capital invested in a slave worth
fifteen hundred dollars only pays seventy-five cents tax, while the
same amount of capital invested in land pays triple that sum. Is
there any reason why capital invested in slaves should pay less to
the support of the government than the same amount invested in
lands? The office and purpose of government is to protect life,
liberty and property, and if any sufficient reason can be given
why any class of property should not contribute its due proportion
for the protection afforded it, I will withdraw my objections
to the principle of this bill.
The principle we have ever maintained is, that slaves are property:
and if so, why should we legislate differently in relation to
this species of property, except to protect their persons? I favor
no agrarian system of legislation, but one that operates equally
upon every property holder, whether the property may consist of
slaves, lands, money or stocks. This theory of taxation, if properly
established, is a barrier to all class legislation and agrarianism,
and does equal justice to all.
Many gentlemen have spoken of what are the views of their
constituency on this subject, and manifest a desire to conform
legislation to those views. I have no definite information upon
this subject from those I in part represent, but my opinions as to
the right and equitable mode of levying taxes, are firmly and
unalterably fixed, and I hope they may be satisfactory to my
constituents. Whatever may be their views does not affect the
correctness of the principle.
My objection to the amendment of the gentleman from Carroll
is, that it fixes all arbitrary value on negroes, when in fact their
value is constantly fluctuating. It is obnoxious to the objection
that it specifies the fixed tax on slaves, instead of placing them
upon the same footing of taxation as other property. If, however,
the amendment that establishes the ad valorum system of taxation
on all property does not prevail, then I shall vote for his amendment,
which approximates to this principle.
REMARKS OF J. M. DYER,
OF HOLMES,
On his resolution to raise means for the defence of the State.
Mr. Dyer said that the resolution offered by him proposed that
the State should issue bonds, or certificates of deposit, bearing
eight per cent. interest, per annum, and that the interest and one-tenth
of the principal should be paid annually, by the State, and
to that extent should be receivable in taxes. These bonds were
proposed to be sold to our citizens, at par, to raise means for the
defence of the State.
A hostile collision with the North must be reasonably expected,
and prompt and ample preparations should be made to meet it.
To carry on a war, money will be needed. Heavy expenditures
must be made. Our own people will have to furnish the means.
In the midst of revolution and the difficulties incident to it, it is
idle to expect to borrow money from foreign governments or foreign
bankers, but we must look to and rely upon our own citizens.
How, then, shall the necessary money be obtained from them?
Shall it be raised by immediate taxation? That would be too
onerous: No people have ever attempted to carry on war by immediate
taxation. At such a time, monetary and commercial
affairs are deranged, industry is to a great extent paralyzed, and
taxes are then more oppressive than at any other period. We
must, therefore, not rely solely upon taxation, but must, as other
people have, under similar circumstances, resort to our credit.
We must appeal to the patriotism of the people. This movement
originated with them, and they will see that it does not languish
for the want of means. An appeal to them will receive a favorable
response. In his own county he believed fifty thousand
dollars of the bonds could be disposed of; other counties would,
no doubt, be equally as liberal and patriotic. But aside from
patriotism, he thought that the investment would be a good one.
The security will be ample, and the interest is sufficiently high to
induce capitalists to purchase the bonds. The planter, who has
large annual taxes to pay, might safely buy, because he could
discharge his tax with the interest and that portion of the principal
which would be yearly payable, and having in his own hands
the means of indemnity, he certainly would be willing to advance
liberally to the State, to aid in so glorious a cause as its defence
against a ruthless invader.
The distinguished gentleman from Coahoma (Mr. Alcorn) has
proposed a different plan to raise the requisite means for our military
defence. He suggests, the chartering of a Bank by this Convention,
with which the State shall be connected, and from which
the means shall be borrowed for the prosecution of the war. To
this the objections are insuperable. Many are now living who
recollect the Bank history of this State--the most disastrous
known to any people. The banks demoralized the people, bankrupted
the State, and inflicted upon it innumerable woes, from
which it has scarcely yet recovered; and what has once happened
will probably occur again. Into such institutions the breath of
life should not be breathed.
Mississippi, too, is strictly an agricultural people, and Banks
can alone succeed in commercial communities. They are dependent
for their existence upon short credits, and short credits are of
no use to planters. They receive the proceeds of their crops but
once a year, and consequently want loans for a long period, and
such loans are ruinous to banks; but at commercial points, discounts
are made for a short time, usually to merchants who pay their
debts promptly. By such debtors, Banks can be sustained, but
by none other. Punctuality is the very life of a merchant, but it
is of but little consequence to a planter: hence a commercial
community sustains banks, and an agricultural one breaks them.
Further, it would be the interest of the Banks of Tennessee and
other States, whose paper circulates here, to destroy the credit of
a Bank of this State, because it would interfere with and entrench
upon their business, and they would do so.
Again, Banks are the creatures of confidence, and can only
exist in time of peace and quiet. To start one now in this State,
with such troubles as we have in prospect, nothing but suspension
and failure could be reasonably expected. Without further remarks,
he would ask that the resolution be referred to the Committee
on Ways and Means.
In connection with the Resolutions to provide for the formation of a Southern
Confederacy, reported by the Committee of which D. C. GLENN was
Chairman. January 15th, 1861.
MR. PRESIDENT: The Committee to whom was referred the
subject of the formation of a Southern Confederacy have had the
same under consideration; and in view of all the events of the
last month, and the prospect before us, your committee is of
opinion that it is a subject which should be acted upon with
promptness and decision by the Convention. They furnish conclusive
reasons for the necessity of an efficient government for
the seceding States of the late Union, before the 4th day of March
next. They are now without a federative form of government,
and an early and cordial union among them is needed to preserve
peace, to promote order, to protect rights, and to avenge wrongs.
Both at home and abroad, its influence will be felt, and its formation
and perfection was the great and leading object for which
this body was constituted.
To this end the committee recommend the election of seven
delegates, to meet with delegates from other States, at Montgomery,
Alabama, on the first Monday in February, 1861. This time
and place meet the views of South Carolina and Alabama, and
will doubtless be sanctioned by Florida, Georgiana, Louisiana
and Texas, and all other Southern States who may hereafter
co-operate with us.
The number of delegates recommended is the same as that of
our Senators and Representatives in the Congress of the late
United States. It is believed that thus while we may secure
ability of a varied character, we also avoid the confusion and delay
sometimes incident to too large a representation in point of numbers.
In the deliberations of such a body as is proposed, your committee
think that each State should stand on a footing of perfect
equality with every other State, and that each should cast one
vote. Each State will alike be sovereign, and, as equals, they
should consider, act and unite for the common welfare of all.
For this Convention, your committee have thought it wise to
instruct the delegates to propose the Constitution of the late
United States as a basis and outline of a Provisional Government
for the seceding States. This instrument is familiar to us all,
and while we have seceded from certain Northern political communities
which are traitors to its provisions and false to its principles,
we still admire the one and are true to the other. It is a
guide which can safely be trusted, and an adherence to it as far as
possible will lead to that which all now desire, the prompt erection
of a Southern Federal Union.
And toward this end of pressing importance, your committee
believe it proper that said delegates should cast the vote of Mississippi
for a President and Vice-President under said Provisional
Government. Without a doubt, the delegates who will be selected
by this Convention will be men of tried fidelity, and worthy to fill
this high trust.
It is proposed that this Provisional Government shall continue
a short time, and only until a Constitution and Permanent Plan
of Government can be adopted by the intended Convention. As
soon as such a plan is matured, it should forthwith be reported
back to us by our delegates for our ratification or rejection.
Your committee is not advised whether it is proper in them to
recommend in regard to the nature or character of said Constitution
and Plan. Yet they will say that in their opinion the Constitution
of the United States again should be mainly relied on as a
precedent. Our experience will, however, suggest some changes
to be made, as well as some dangers to be avoided. Should the
Convention believe it necessary to instruct the delegates, that
object can be attained by instructions to this committee to report
the same by way of resolution or ordinance, or by way of a direct
instruction from the Convention itself.
REMARKS OF A. M. CLAYTON,
OF MARSHALL,
On the proposition to exclude all but slave-holding States from the new
Confederacy. January 16th, 1861.
We are in the midst of a great work. This movement was
inaugurated to protect the institution of slavery, and to preserve
it from destruction. The importance of the undertaking could
not be over-estimated. The slaves of the South were about
four millions in number, and about four billions of dollars in
value. Their labor contributed more to the wealth, to the
prosperity, the commerce and civilization of the world, than any
other institution in it. And yet, by some strange solecism, the
public opinion of the whole world, outside of those States and
countries in which it existed, was strongly against it. Even
those States which derived their chief elements of greatness
from it, were loud in their condemnation of it. Was it wise or
politic to do anything which would add strength to this feeling?
The North-Western States were justly jealous of any step
which lorked towards any interference with the navigation of
the Mississippi. If the Southern Confederation should determine
to exclude all but the slave-holding States from their
councils, it might lead the North-West to fear for the free
navigation of that great stream. It was now the policy of the
world to force open and keep open the great rivers of the earth.
The policy of seclusion would not now be tolerated. For this
reason our own government had forced its way into the great
rivers of South America, and opened them to the entrance of
commerce. For the same reason, England and France and the
United States had forced India, Japan and China to abandon
their exclusive policy, and to enter into the commercial spirit
of the age. We should be obliged to make concessions to this
feeling. We could not remain isolated. The first movement
for the dissolution of the Union was made by the Western
States, to obtain the free navigation of the Mississippi. It was
a necessity then, it is a necessity now. That necessity would
be carried out either by war, or by treaty. If by treaty, the
more intimate the terms, the better. The age would not
tolerate a continued state of open war. The question must
therefore be settled by treaty. Now. a Constitution for the
government of several independent States, is but a compact, or
treaty. A treaty, it is true, of the most intimate kind, but not
the less a treaty on that account.
Georgia and South Carolina are to-day sending abroad commissioners
to make commercial treaties with European States,
and to regulate their intercourse with them. The nations of
Europe are not less hostile to the institution of slavery than
the North-Western States of the former Union. Almost every
European nation formerly held possessions in the West Indies,
in which slavery was tolerated. They have all abolished it
with the exception of Spain, in Cuba and Porto Rico. But still
our neighboring sisters are seeking the most intimate terms of
alliance with them. Of course they do not propose to give
these nations any control in their domestic affairs--any voice
in the management their slave institutions. Neither would I
give any such power to any of the free States, if they should
ever enter into a Constitutional compact with the South. The
subject of slavery should be a prohibited subject--placed above
and beyond the reach of Congressional legislation. It should
be secured by the strongest guarantees and provisions which
could be framed.
But it is said we could not trust to any pledges or any guarantees
they might give. That is putting the case too strongly.
We have lived for more than seventy years under the guarantees
of the present constitution, for a good part of the time in
comparative tranquility. Latterly they have broken through
all guarantees and all restraints, because they had been told
by Seward and others they could do so with impunity. That
the South was subdued and dared not to resist. If the present
movement is successful, as we hope it will be, they will be
undeceived. They will be convinced of the necessity of complying
with their obligations, and may therefore be forced by
circumstances to do it.
But this is not all. We shall be obliged to have treaties
with them. We cannot live without them in peace. Whatever
treaties we may have, we must rest upon their assurances
to carry them out. There is no other course.
When the French owned a large portion of this continent
they were fully sensible of the necessity of connecting the
Lakes with the Gulf of Mexico. More than a century and a
quarter ago, Bienville, then Governor and Commandant of
French America, set on foot two armaments to carry out this
idea. One was to move from Mobile up the Tombigbee river,
the other from the neighborhood of Chicago, and they were to
build forts, and establish trading posts, and to meet somewhere
in the Chickasaw country. The Northwestern forces arrived
on the ground first, and were defeated by the Chickasaws,
always the friends of the English, at the Chickasaw old fields
in what is now Pontotoc county. The other detachment was
defeated near Cotton Gin, in Monroe county, and the expedition
was broken up. This was the first blow which shattered
the French power on this continent. The scheme, though
unsuccessful, showed a far-reaching sagacity. Shall we be
less wise than the French, and shut the door against any
negotiation which may secure to us the advantage of this
commercial connection. I would not solicit it, neither would I
say in advance I would not accept it. I would leave the matter
open to the future.
There is another view which renders the amendment impolitic.
It may be to our interest and advantage to be united
with the Pacific States. The gold mines of California may be
potent auxiliaries to the cotton fields of the South. United
with those States under a common government, and connected
with them by a railroad, our own South would have the nearest
and most direct route to the commerce of the East Indies,
and of China. This would place in our grasp the richest commerce
on the globe. With the great valley of the Mississippi
thus united with the Pacific, we could feed the world, we
could clothe the world, and if assailed, we could resist the
world.
But it is said that for even all this, we should no permit any
free State to have a voice in the control of our slave institutions.
I know that Europe is throwing her surplus population on
our shores at the rate of some six hundred thousand a year.
I believe it is necessary to deprive these foreigners of political
franchises and priveleges among us. They flee from the restraints
of government in their own country, and think that
here they are to have unmeasured excess of liberty; that
they can trample all rights of property, all law, all religion, all
morality, under foot. They will have to be deprived of this
power, whether we have free States in our confederation or not.
This can be done by prolonging the time during which they
cannot come to the ballot-box.
The danger apprehended from a confederation with any of
the free States, may be still farther avoided by Constitutional
provisions, which will place it beyond their power to interfere
with it. If they desire a Union with us, they will concede
these provisions, and will moreover comply with them. If
they are unwilling to give these guarantees, then it cannot be
expected that we should enter into a confederation with them,
because that would be planting the seed of dissolution in the
cradle of our government.
As yet we have no evidence that these States will ever desire
to unite with us. In my opinion, it is unsafe to say
beforehand what we will do in that event. We may best
decide when the time comes.
One other view, and I have done. What are called the
border slave States, it is said, are already considering the
propriety of a separate Union with some of the central free
States. It is certainly desirable that we should have all the
slave States in the new Confederacy. I think, therefore, it is
better not to make a declaration in advance which might drive
some of the Southern States from consultation with us. Let
us select our best men for the occasion, and leave some latitude
for their wisdom and discretion.
For these reasons I shall vote against the proposed amendment.
REMARKS OF J. R. CHALMERS,
OF DE SOTO,
In Convention, January 15th, on the "Resolutions to provide for the
formation of a Southern Confederacy."
Mr. Chalmers had objected both to the amendment offered by
the gentleman from Monroe (Mr. Gholson) and to that of the
gentleman from Pontotoc (Mr. Fontaine.) And therefore, in
accordance with the views expressed by the chairman of the
committee, whose opinions had always great weight with him,
he prepared an independent and additional resolution which he
proposed to insert after the 1st resolution, and which he now
asked leave to read for information:
2d. Resolved, That our delegates to the Southern Convention contemplated
in the foregoing resolution be and they are hereby instructed to
declare our willingness to unite with any State or territory, which by its
laws, recognize and protect, within its proper limits, property in slaves, and
none other; and that whatever any State which may unite with us, shall,
by its laws, deny or destroy the right of property in slaves, it shall be no
longer recognized as a member of said Union.
Mr. Fontaine asked if the gentleman would allow him to
withdraw his amendment.
Mr. Chalmers--with pleasure, and then he offered his resolution
as an amendment to that of the gentleman from Monroe.
This resolution avoids the difficulties presented by gentlemen
upon both sides of this question. He concurred very fully
with almost everything said by his friend from Marshall, (Mr.
Clapp) but with all due deference to him he must say that the
great Carolinian to whom he alluded, did not advocate the
formation of a homogeneous government, but on the contrary,
showed most conclusively in his work on government, and
particularly in that portion relating to the State Constitution
of South Carolina, that the best government is that which is
founded on an equitable and honest compromise of conflicting
interests. He believed with the gentleman from Lowndes,
(Mr. Barry) that a good government can be formed by us embracing
the Southern portion of the States lying north of the
Ohio river; and he believed further with him that we have
friends there who are sound upon the question of granting to
us our rights and full protection to our property. They are
the descendants of emigrants from Virginia, Kentucky, North
Carolina, Tennessee, and nearly every Southern State. They
are now powerless. They have been overrun and trampled
under foot by political demagogues and religious fanatics.
They are now down. But the day of retribution must come.
Want, starvation and misery must follow upon a final separation
from us. They will soon feel, and our friends will soon have
power to rise up and crush out the irresponsible rabble who
have thus put them down, if we give them any encouragement.
But if we shut the door upon them now and forever, we cut off
all hope and make enemies of those who would be our friends.
They are united to us by the waters of the Mississippi and
its tributaries, which percolates through the whole great
vallies of the West, like the veins through the human system.
A common interest binds governments together, and if once
interest compels the North-Western States to adopt State laws
in order to secure an union with us, it will be the entering
wedge which will, in all probability lead to the establishment
of slavery itself in the rich plains of Illinois, Indiana, and the
valley of the Mississippi and Ohio. If the newspapers are to
be believed, they are now holding large meetings in Southern
Indiana, in which it has been declared that if a line is drawn
between the North and the South they intend to be on the
Southern side of that line. And for himself he now declared
that he was willing to unite with any State which by its State
laws will recognize and protect within its limits property in
slaves. And if this leads to a reconstruction of the Union he
was not ashamed to say that he would be willing to see the
Union reconstructed on the principles which our fathers gave
to it. This was all that we demanded. We would have been
willing to sustain the Union if we could have secured our
rights in it. And if every Northern State could now be regenerated,
and public sentiment thoroughly changed, we might
consent to a reconstruction of the Union. But he did not look
for nor expect a reconstruction of the Union. He had no idea,
no hope, and no desire that the Yankee States in the "far-off
down-East" will ever be redeemed. And it is also true that
no free State is now asking admission to our proposed union.
But we are preparing to make a government not for the present
alone, but with the hope that it may continue for years, and
the time may come when the border slave States may not
contain a single slave, but still they might have laws recognizing
and protecting our property, and so long as this is so
they may continue with us. In view of these facts he was
unwilling to shut the door of admission forever against the
North-Western States; but still on the other hand he was
unwilling to say that we will unite with any State if she will
simply secede. We propose to unite under the old Constitution,
and if we say that we will unite with any State that will
secede, the Northern States, if they have the sense to understand
it, can secede and claim a right to come into our Convention
and re-unite with us under the same Constitution and
on the same footing as before. This would render our action
simply ridiculous. He was therefore in favor of placing some
limitation upon the right to unite, and he thought that limitation
should be made now.
This debate has developed the fact that there are differences
of opinion between us and between prominent gentlemen who
are likely to be our delegates. They may go to Montgomery
and agree to something on this subject which would not be
satisfactory to us. Then when their action comes back to us
for ratification, we might disapprove of it, and our work would
have to be done over again. He thought it better, therefore,
to settle this question now, and make our delegates represent
the views of the Convention, and not their individual sentiments.
This is the fair, open and manly course, and we had better
say now distinctly what we intend to do, that there may be no
misunderstandings hereafter.
On his proposition to amend the 5th resolution reported by the Committee
on Southern Confederacy, which resolution is as follows:
Fifth--That this Convention do further instruct said delegates, that they
use all proper means to the end that the Convention of said seceding States
shall proceed forthwith to consider and propose a Constitution and Plan
for a Permanent Government, establishing a Southern Confederacy among
those States which have seceded, or may hereafter secede from the late Federal
Union, which Constitution and Plan, when adopted, shall be referred
back to this convention for its ratification or rejection.
When the Committee on Southern Confederacy made the first
report, on the tenth day of the session, the fifth resolution of
the report provided for the establishment of a permanent government,
and provided that the plan of a permanent government
should be submitted to this Convention for ratification or
rejection. At that time, as now, I was opposed to the plan of a
permanent government being adopted without first being submitted
to the people in some form, so that they should decide
upon a government for themselves. The gentleman from Claiborne
(Mr. Ellett,) offered an amendment by way of additional
resolution, proposing the course to be adopted in forming the
provisional government, and also a plan for the formation of a
permanent government, which proposition of the gentleman from
Claiborne was adopted by the Convention without debate, and
I then discovered that there was a conflict between the fifth
resolution, as reported by the committee, and the resolutions
offered by the gentleman from Claiborne and adopted by the
Convention. I first offered to amend the 5th resolution by
striking out the word "permanent," and inserting the word
"provisional." After some debate, I offered to amend by striking
out the 5th section. Other gentlemen offered amendments
which, as I discovered, would, if adopted, have the effect I desired;
and, not wishing to have the matter complicated, I withdrew
my amendment, but no vote was taken on either the resolutions
as reported by the committee, nor any of the amendments,
except the one offered by the gentleman from Claiborne,
and upon the motion of the gentleman from Lafayette, (Mr.
Lamar) the resolutions were referred back to the committee,
with instructions to report again. I find the 5th resolution as
reported now with the same objections as before--referring
the constitution and plan for a permanent government back to
this Convention for ratification or rejection. I take the position
that the delegates to this Convention were not elected for the
purpose of adopting a permanent government, and we should
not assume that power. Not wishing to debate the question,
I shall say no more unless it becomes necessary.
Messrs. Clayton, of Marshall, Glenn, Brooke, Lamar, Fontaine and Ellett
having discussed the question,
Mr. Rogers again spoke in support of his amendment. He
said: The difference between myself and the gentleman from
Warren is this: I am in favor of the Convention at Montgomery
reporting a constitution or plan for a permanent government,
and of submitting, that constitution or plan to the
people to be assembled in Convention. The gentleman from
Warren is opposed to that Convention taking any step whatever
in the formation of a permanent government. But the
difference between myself and the gentleman from Lafayette
(Mr. Lamar,) is of more importance. That difference involves
a great and important principle. I am in favor of submitting
that constitution for a permanent government to the people,
to be in Convention assembled, to ratify or reject that consitution
when it is finally adopted. The gentleman from Lafayette
is opposed to submitting that constitution to the people for
their action, and says if we "fail to establish and perfect a
permanent government, we will not have performed the high
mission upon which we have been sent.& Mr. President--the
high mission upon which we have been sent is well nigh discharged.
We were sent here to dissolve the bonds which
held our State to the old government, and to take steps to
protect our institutions. We have passed the Ordinance of
Secession, made Mississippi an Independent Sovereignty, and
as rapidly as it is prudent, we are now perfecting measures
which we consider necessary to protect her institutions--
raising men and money. When we have perfected the two
last measures, we will then have discharged our high duty.
The people did not send us here to form, perfect and adopt a
permanent government; nor have we the power, elected as we
were, to do any thing more than is necessary to vindicate the
sovereignty of Mississippi, and to protect her institutions.
Then, sir, is the adoption of a permanent government necessary
for the protection of our institutions?
By authority of the 4th resolution, our delegates to the
Montgomery Convention are empowered and instructed to form
a provisional government. Does the gentleman consider that
provisional government a rope of sand, unequal to our protection?
If so, why did he, as one of the committee, report such
a resolution, if that provisional government will be sufficient
for our protection for the time being, until a permanent government
can be formed (and he must have so thought or he would
not have reported the 4th resolution?) Then the ratification
by this Convention of the constitution for the permanent
government is not necessary for the protection of our institutions,
and such great haste to adopt the constitution of the
permanent government is not so vitally important. But, sir,
there is a broad difference between the gentleman from
Lafayette and myself as to the people--not, sir, in reference to
their patriotism or integrity, but as to their capacity for self-government.
I have an abiding confidence in the capacity of
the Southern people for self government. I believe that they
are capable of selecting the form of government under which
they should live, and that we have no power to usurp that
right from them. They never delegated that power to us. The
gentleman is mistaken in the people of the State when he fears
that among them there would be a feeling of re-union. This
movement was brought about by no flush of excitement: it was
the deep, intense feeling of men determined--men who knew
they were wronged, who understood their rights, and who were
determined to maintain them. That same solemn, determined
feeling which exist in the State, is truly represented and
exhibited itself here in this hall on the glorious 9th, at the
passing of the Ordinance of Secession. He who witnessed that,
and understood it properly, can never fear that such men, after
taking the step of secession to assert their rights, could ever
be for re-union.
But, Mr. President, this permanent government, when formed,
we hope to be the government under whose protecting power
we and generations to come after us will live. I, as one of the
people, desire to have some part in saying what sort of government
that shall be. It is the right of the people. The Constitution
under which we lived so long and happily--until Northern
traitors violated it--was submitted to the people. Have
we now more wisdom than the men who submitted that constitution
to the people? The very objection of the gentleman to
submitting the constitution to the people, would induce me to
favor it. He says they might reject. Then, sir, I do not want
a government that the Southern people would reject. I will
be satisfied with a government under which they are willing
to live, and no other. But, sir, it does not necessarily follow
that because we were elected to destroy one government, we
must go on and make a new one. The same people who sent
us here to break up the old one, have the power and right to
elect others, if they choose, to create a new one.
REMARKS OF E. P. JONES,
OF SUNFLOWER,
In Convention, January 17th, in favor of Mr. Ellett's motion that the Convention
disagree to amendment adopted in Committee of the Whole providing
for electing delegates to Montgomery according to Congressional
Districts.
It had not been his purpose on this, or any other subject, to
address the Convention. But, notwithstanding the sanction it
had received in committee of the whole, so irreconcilable was his
opposition to the amendment then under discussion, that he could
not, without doing violence to his impulses and convictions, refrain
from expressing his repugnance to it.
The effect of the proposition submitted was, that the members
of this body should, in the election of delegates to the contemplated
Southern Convention, at Montgomery, be required to choose
them with special geographical reference to the former Congressional
Districts in this State. A local restriction, at once, so
wholly unnecessary, so inconvenient and so inappropriate, contained
not a single element to commend it to his favor or respect.
Had he been present at the adoption of this amendment, the day
before, in committee of the whole, he would have combatted it
there; And when, as it was, on that day to undergo the ordeal of
another vote, cordially did he second the motion made by his
friend from Claiborne, (Mr. Ellett,) that the recommendation of
the Committee be disagreed to by the Convention.
Why, he would respectfully ask, should we be called upon to
re-establish the abrogated Congressional divisions of the State?
If necessary for an important or salutary end that we should again
trace the obliterated lines of those Districts, he would not object;
but for himself, he was free to confess that he cherished no such
lingering affection for the late Federal authority that he would,
without another motive, be swift to reconstruct any part of its
cast-off machinery. What general considerations--what reasons,
founded either upon utility or principle, might exist for territorial
subdivision of the State, in this Ordinance, he acknowledged himself
altogether unable to discover. Were the seven delegates to
Montgomery to cast seven votes? On the contrary, was it not
provided in the Ordinance itself that the representatives whom we
are to accredit to the Southern Convention, are to be entitled to
cast but one vote in that body?--that they are to blend their
opinions, and to speak, unitedly, the solemn voice of he sovereignty,
"one and indivisible," of the State of Mississippi. The
number of delegates had been limited to seven, corresponding to
the State's representation in both houses of Congress--in consonance,
perhaps, with the example of South Carolina, to prevent the
body from being unwieldy--with some reference to population,
and as a kind of basis, or multuple, affording to each State a relative
proportion of minds to consult together as to its separate,
single vote. The numbers of delegates composing these delegations
it surely was not contended had been adjusted with reference
to any supposed subordinate interests within the several States.
It had not been thought in South Carolina that she had sectional
claims to be respected. Her statesmen, not deeming it proper to
regard any interest but the great one of her paramount sovereignty,
had selected her delegation to Montgomery from the State at large,
and he thought we might do well to emulate the disinterested spirit
displayed by the public men of that gallant State, by the adoption,
on our part, of the same wise and comprehensive policy. If
then, our seven delegates shall be required, as an unit, to act in
the Southern Convention for the whole people of Mississippi, as
one homogeneous community, would it not be instance of equal
ill-taste and bad judgment for us, in the very method of their
appointment, to suggest the unworthy ideas of petty sectional
rivalships and internal State dissensions? It was superfluous for
him to insist that it would be utterly impossible for a question to
arise in the Southern Convention which could affect, however
remotely, the citizens of any one Congressional District in this
State, without, to exactly the same extent, affecting those of every
other. Local State questions, then, being wholly inadmissable in
the action of these delegates, local prejudices and partialities
ought to be equally so in their selection. For himself, in such an
epoch in her history as the present, he would know no North, no
South, East or West, within the limits of the State--he would
know nothing but the sovereign State of MISSISSIPPI, and the
united destiny of her entire people. In this spirit, he would discard
every sectional feeling, and select the delegates in complete
forgetfulness of the accident of mere locality. In times like these,
an enlarged patriotism ought to over-rule and absorb every other
consideration. Let us, then, unite in the selection of the best
men. Let us choose them by moral and intellectual test alone.
Let them be statesmen--firm of purpose, sagacious in council,
brave in resolve, and invincible in fortitude--men, the impulses of
whose patriotic hearts would ensure in behalf of their country's
sacred cause the highest exertion of all their highest qualities and
powers. Give him but such a man for representative, who had
"a name" in the State, and he cared not to enquire in what part
of it he claimed his "local habitation." Such were his sentiments
on this head, that he did not hesitate to declare he would not vote
for a citizen, even, of his own county, if recommended only because
he happened to reside in the Second Congressional District;
while, on the other hand, he would cheerfully vote for any number
of these delegates from any one county in any other district in the
State, if he believed them the most eminently qualified for the discharge
of the momentous trust to be committed to them.
Before he proceeded farther, he begged leave to state that he
was not in the hall when the gentleman from Claiborne made his
motion, nor did he bear what had been said in its support. He,
therefore, hoped to be excused if he repeated views which had
already been more ably presented by the other gentlemen who
preceded him on the same side in this debate. He also feared
that, from his absence, he might fail to give due weight to the
arguments used by the advocates of the Congressional Districts.
He had entered the hall only in time to hear a portion of the remarks
of the gentleman from Holmes, (Mr. Dyer,) who had occupied
the floor immediately before himself. In his advocacy of
the amendment, his friend from Holmes had alluded to a matter
which he would not have been the first to mention there; but, it
having been introduced by others, and he being in somewhat a
peculiar position with reference to it, he at once availed himself
of the occasion; and would beg the indulgence of the Convention
while, for a few moments, he invited attention to this subject, of
the separate "caucus" which, it was understood had been held by
the delegates representing in this body several of the late Congressional
Districts.
The gentleman from Holmes stated that certain nominations
"IN CAUCUS" had already been made, and gravely suggested and
urged the fact as a reason for the adoption of this ill-advised
amendment. He differed, in toto, on this point, with his friend
from Holmes. The precipitate zeal with which these caucuses
had been convoked, furnished, indeed, to his mind, a cogent argument
against the recognition of the Congressional Districts. He
felt no inclination to comment on the famous "caucus" system.
It was a political engine, sometimes, perhaps, necessary; but it
had been so generally employed for mere personal and party ends,
that it had never attracted his admiration or won his confidence.
He had hoped, indeed, that in the new order of things just inaugurated--
that, in a purified Southern Confederacy--it was destined
to lose somewhat of its former misdirected power and influence.
He was sorry to find it, with such alacrity, appealed to in
this Convention. The amendment touching the Congressional
districts had not yet been incorporated in the Ordinance. Whether
it should be, or not, was the question that had to be decided. The
day previous, it had received a recommendation in Committee,
and before the Convention could consider it, as mentioned by the
gentleman from Holmes, several district caucus nominations had
been announced. To say the least of it, he felt justified in characterizing
this action as premature. He did not believe that a
bare majority, (consisting of only nine or ten generally,) of the
delegates from any set of counties that had happened to have
been once associated together in the same Congressional District,
ought to be permitted to dictate to this Convention the choice of
a delegate who was in the Montgomery Convention to represent
the last inch of territory, and every man, woman and child in the
whole State of Mississippi. Yet be did not see how this unwelcome
"caucus" influence could be avoided, if we mapped off the
State into Districts, from each one of which a delegate to Montgomery
should be taken.
He would now beg leave to refer to the caucus of the delegates
from his former Congressional District, which had been held the
previous afternoon. He was urged to be present, and had reluctantly
attended. After upwards of a dozen ballots, they adjourned
without a nomination. At the close of the night's session of the
Convention, he was solicited to attend another caucus, to be composed
as before. This he declined to do, and authorized and
requested a friend to apprise the meeting that he not only refused
to participate in its proceedings, but respectfully gave notice that
he would not be bound by any result of its action. His message
had been duly delivered, and thus he, at least, stood there untrammeled
by any species of dictation, however it might be with the
rest of the delegates from the late Second Congressional District.
It was proper that he should state that he could not claim the
pleasure of even a passing personal acquaintance with the gentleman
who had been honored by receiving the nomination from
that District, and he desired it to be understood that he intended
no disparagement to that gentleman when he declared his purpose
to withhold from him his vote. Apart from the mode and source
of the nomination, he objected to it, because the recipient occupied
a seat in this Convention.
This objection brought him to a subject in regard to which he
entertained some views that he feared might prove unacceptable--
views which had not before been introduced into that hall, and
which he, therefore, would present with great diffidence. But,
honestly and conscientiously believing his position to be correct,
and sustained, as he was, by this conviction, he would venture to
say that, in his opinion, places and offices of high honor and trust
ought not to be ordained by this Convention, and then be immediately
filled by members of the body that created them. He
would indulge in no elaborate argument on this point. He would,
however, beg leave to refer to that clause of the State Constitution
which declares that no member of the Legislature shall be eligible,
for one year, to any office created during his term of service, nor
to any office the appointment to which is to be made by either
house of that Legislature of which he is a member. He did not
contend that the Constitution, in this respect, fettered the action
of this Convention, but he did say that the Constitution of the
State, in force, was the highest known expression of the sovereign
will of the people of Mississippi. Supreme as might be the power
arrogated to itself by this body, (and he feared, in some quarters,
too much had been claimed for it,) and although it was admitted
that the principle to which be referred had no bearing whatever
upon it, yet he doubted whether it might not be entitled to some
slight degree of general respect from the Convention. If this
principle was wholesome and conservative in regard to members
of the Legislature, it must assuredly be equally so with regard to
members of that Convention. The analogy was complete--the
application just. But, upon general considerations of common
policy and prudence, he questioned the propriety of appointing members of
this Convention to offices or places for the creation of which they had voted.
He was incapable of appealing to those considerations which could only
influence demagogues; but yet he ventured to say that he feared nothing
would be more likely to engender discontent and disaffection in the minds
of the people towards this convention than the distribution among themselves,
by its members, of the honors and positions which they had breathed
into existence. It was very far from his intention to insinuate, for a moment,
that any gentleman on that floor could be controlled in his vote on
any Ordinance by a selfish greed for personal promotion. It should, however,
be remembered that it was easy and common for the disaffected, the
envious and uncharitable, to misjudge and malign the best motives of the
truest men. Apprehensions of this character had, indeed, little enough
weight with him, but still, above all personal interests, did he anxiously
desire, for the sake of the cause they had espoused, that this Convention
should go forth, without accusation or reproach. He knew it could not be
justly impeached--that it was patriotic and pure in its purposes--but he
would have it, like Cæsar's wife, to be "above suspicion." He, therefore,
regretted the disposition to select from that hall the delegates to Montgomery.
He did not believe that this Convention had gathered and monopolized
all the talent and patriotism of the State. Reject this needless district
limitation, and he was confident that from the State at large, men--able,
tried and true--outside of this body, could be found to worthily represent
Mississippi in the Southern Convention. Those whom he addressed were
committed--they stood upon the record on the immortal Ordinance of Secession;
and he suggested if it would not be well to engage in and identify
with this great movement of our day and generation, other of Mississippi's
devoted sons, who would bring to it, as fresh accessions, all the moral and
material sanction and aid of their names, characters and active participation.
He wished, however, to say that he wished to confine the objections he
had urged, to civil appointments; and that he would except from them the
military offices to be filled by the Convention. There was no civil post or
duty which, he would say, should detain a man from obeying his impulses
whenever he desired to perform a soldier's service in the hour of his country's
danger.
While he thought that any citizen might well be content with the honor
of a seat in this body, and with the performance of its duties, without seeking
any other civil position, yet, if any gentleman there proposed to descend
from that floor--no, he would not say descend, but to ELEVATE himself
from that floor--to seek a patriot's place upon the field of battle, he, for
one, would honor the choice, bid him "God speed," and hope the warrior
the good fortune to win laurels that he might long live to wear in the sight
of his grateful countrymen. But, with this peculiar exception, his opposition
to members of the body receiving high appointments at the hands of this
Convention, was so extreme, that rather than allow membership a rule, as
it seemed, for selection, he would greatly prefer that it should be made one
of total exclusion. It was proposed, in certain contingencies, to refer the
action of the Montgomery Convention, so far as Mississippi might be concerned,
to this Convention. He submitted if it would be proper that members
of this Convention should hereafter be called upon to defend and
ratify their own acts done at Montgomery? A main reason for his refusal
to attend the second caucus, in his district, was, that he had observed, in
the first, that nine-tenths of the ballots cast were for the members then present.
He meant no reflections or disparagement when he stated his conviction
that many received votes there who would not have been balloted for
at all if they had not been members of this body. As to the nomination
finally made at the second "caucus," he had already declared that it
would not receive his support. He was the only delegate from the late
Second Congressional District who was free so to act, as others had participated
in the nominating meeting; and he then, in advance, proclaimed
his intention, at the proper time, to oppose to that nomination the name of
some worthy citizen of the District, not a member of this Convention, in
whose behalf he would earnestly invoke the aid of all those who sympathized
with himself, or approved the views which he had presented. This
unpleasant collision, however, he hoped might be avoided. It certainly
would be prevented by ignoring the Congressional Districts in the election
of the delegates to the Southern Convention; and he, therefore, trusted that
the motion of the gentleman from Claiborne would prevail.
On a subsequent day, the 22d, the Ordinance being again under discussion,
Mr. Jones moved to strike out from the second line of the first section
the word "two," and from the third line the words, "one from each Congressional
District," on which motion,
He said: That having, when the subject was last under debate, took
occasion to express his views at considerable length, and, perhaps, with an
indiscreet degree of zeal, in opposition to that clause of the Ordinance
requiring the delegates to the Montgomery Convention to be selected
according to the former Congressional representation of the State, it was
not his present purpose to repeat or refer to any of the varied considerations
and objections which he had before endeavored to impress upon the Convention.
It was simply his object to examine this proposal purely as a
practical measure, and he believed he would be able to demonstrate that if
the design of its advocates was to distribute equally these appointments
throughout the State, this District scheme would be as inefficacious in its
operation as it was manifestly unwise its policy.
He begged leave, especially, to call attention to the fact that our Congressional
Districts extended from the Eastern to the Western limits of the
State--crossing it in zones, as it were, from the Alabama line to the banks
of the Mississippi river. We might, then, choose one delegate from the
South-eastern extremity of Tishomingo county, in the first district; another
from the North-eastern extremity of Itawamba, in the second district--both
residing in sight of each other, and also of the Alabama line. If next we
select the two (Senatorial) delegates for the State at large from the same
vicinage, we would have four out of the seven (a majority of the delegation,
which could control its every vote,) all coming from one neighborhood in a
remote corner of the State--it might be, from within less than the limits
of a single township. The other three delegates might be taken from
counties bordering on the State of Alabama, in each one of the Congressional
Districts, respectively: and then, would we not have an entire representation
from the extreme Eastern boundary of the State, while Middle and
Western Mississippi would be totally ignored in the Southern Convention?
On the other hand, we might choose a delegate from some county on the
Mississippi river, in each one of the five Congressional Districts, and the
two for the State at large, also, from the banks of that river, and then would
not Middle and Eastern Mississippi be without a representative son in that
Convention? He respectfully asked whether all this sectional preference
and preponderence might not occur, and yet this rule, so profoundly devised
for the territorial distribution of these honors, be in nowise violated?
Since he had claimed citizenship in Mississippi, never having sympathized
with, or been susceptible to, such influences, he had obtained no
knowledge whatever touching the geographical belts, shadowing the regions
of those sectional jealousies, in the assumption of the existence of which he
supposed this Congressional District scheme could only have had its origin.
He hoped no such lines could be drawn; but if division or rivalry did exist
in the State, he had thought it was as much the result of contrast between
East and West as between North and South Mississippi. The utter futility
of the District system, as to Eastern and Western partitions of the State in
regard to these appointments, was palpable, although it might prevent all of
the delegation being taken from the Southern or Northern end of the State
alone. But he proposed to examine it a little farther. If intended to effectuate
equal, or general distribution, a committee should have been appointed
to divide the State into seven districts, for there are seven delegates. If
this be not done, why, then, this most excellent rule could be good in its
application for three-fifths, or four-fifths only, of itself. After giving one
delegate to each of the five Congressional districts, the two from the State at
large would have to be allotted among the same districts. If both the Senatorial
delegates were taken from one district, that favored association of
counties would boast the honor of furnishing three of the seven delegates;
but, at best, two of the districts would necessarily have two delegate
each, while three of them could only have one each.
There was another reflection that occurred to his mind. It was this: that
the two (Senatorial) delegates for the State at large would inevitably appear
to have received something of a higher honor than those from the districts.
Would they not appropriate to themselves a superior compliment? and
would it not be difficult to divest others of the idea that they had been
clothed with robes of a little higher dignity? Yet, in point of fact, they
would only be "equal among peers,"--constituting, together, two-sevenths
of the unit by which the vote of the State would be cast. This seeming
inequality and impropriety was an objection to the proposed plan. The
effect of his amendment would be to strike from the Ordinance the Congressional
District feature, and to leave each member unfettered in his
choice of delegates to the Montgomery Convention.
REMARKS OF WM. R. BARKSDALE,
OF YALOBUSHA,
In Convention, January 17th, on his motion to amend the 5th of the Resolutions
on Southern Confederacy, by inserting after the word "back,"
in the 5th line: to the people of this State, or to a Convention called
under the authority of the Legislature, for its ratification or rejection.
I do not propose, with the signs of impatience which have
been already shown in regard to the discussion of amendments
to these resolutions, to enter upon that interminable field of
discussion--but I desire to submit the reasons which have
induced me to offer this amendment. I do not consider that
our work here is one alone of destruction, but I recognize the
duty of this Convention to engage in a work of construction
also. I think it clearly within the province of this Convention,
and was in the contemplation of my constituents when they
sent me here as a delegate, that we should meet any or all of
the States seceding for like reasons with ourselves, at a time
and place agreed upon after consultation on that subject, for
the purpose of uniting with them in the formation of a harmonious
and homogeneous Union. but here our work of
construction ends, and the people's work of approval begins.
The constitution of the new permanent Union must be ratified
by the States which it is proposed shall become parties to it,
like that glorious constitution which was the result of the
labors of that Convention of which Washington was President.
That constitution was discussed before the people of every
State that ratified it, and a convention, elected with special
reference to its adoption, ratified it. The Federalist was written,
to incline the States to adopt and ratify it. How else could it
have been rationally and intelligibly ratified? If the principle
that one people are capable of self-government is still to continue
the basal idea of government, I do not see any foundation for
the apprehension that a constitution framed by a convention
at Montgomery is liable to an arbitrary and capricious rejection
by the people of Mississippi. But if, on the other hand,
we assume without authority to make Mississippi a party to a
permanent new constitutional compact, croaking and disappointed
demagogues will seize upon this to stir up groundless
opposition to that new constitution. The amendment only
recognizes the right of each distinct political community which
it is proposed shall become a party to the compact, determining
for itself whether it will become such party or not. This is the
great centripetal force of our system of government. I therefore
offer the amendment.
REMARKS OF W. B. SMART, OF HINDS,
In Convention, January 23d, on asking permission to change his vote on
the final vote on the substitute offered by Mr. Fontaine for the resolution
of Mr. Rogers.
He voted under a misapprehension. At the time the resolution
was offered, there were so many amendments pending,
that he found it difficult to understand them properly. He
thought the meaning of that resolution was to refer the action
of a provisional or temporary government to the action of the
people. But he found, upon examination, that it was to refer
the formation of a permanent government to the people. This
knowledge changed his vote. He could not consent, by any
act of his, to bind a free people to any form of government
without their acquiescence or consent. This he considered to
be the strongest principle in a republican government. He
should vote, therefore, to refer the formation of a permanent
government for the people of Mississippi to the people of
Mississippi themselves. He did not take this stand from the
fear of popular indignation--it was from an honest conviction
of what he conceived to be right. He had no fear concerning
a record, for by reference to his resolutions on the military
bill--the bill liable to ruin a delegates record more than all
others, should he make a mistake--it will be seen that he had
ventured far. On all be had done on that subject, he had no
regard to popularity. He acted under a sense of right, whether
it was popular or not. So, also, he wished to do on this question.
The Southern Convention, composed of delegates from the
States of Alabama, Florida, Georgia, Louisiana, Mississippi and
South Carolina, assembled at Montgomery, Ala., on Monday, the
4th day of February, A. D. 1861, in the Senate chamber of the
Capitol.
At half-past 12 o'clock, W. P. Chilton, of Alabama, ascended
the rostrum, called the Convention to order, and moved that the
Hon. R. W. Barnwell, of South Carolina, be selected as temporary
chairman. which motion was adopted.
Mr. Barnwell, on taking the chair, thanked the Convention for
the honor thus conferred upon him, and called upon Rev. Dr. Basil
Manley to officiate in prayer. The entire assembly rose in their
seats, and maintained the most profound silence. Each seemed to
set his heart and mind upon the eloquent words of the venerable
father's petition, Each seemed to implore the great God of Nations
to bless the new Commonwealth about to be created, Each
seemed to utter a hearty amen to the glowing petition.
On motion of Mr. Shorter, A. R. Lamar, Esq., of Georgia, was
appointed temporary secretary.
On motion of Memminger, the delegates from the several
States, in alphabetical order presented their credentials to the
Secretary, and signed their names to the roll of the Convention,
as follows:
Alabama--R. W. Walker, R. H. Smith, J. L. M. Curry, S. F.
Hale, Colin J. McRae, Jno. Gill Shorter, David P. Lewis, Thomas
Fearn.
Florida--James B. Owens, J. Patton Anderson,--(Jackson
Morton was not present.)
Georgia--Robert Toombs, Howell Cobb, Francis S. Bartow,
Martin J. Crawford, Eugenius A. Nisbet, Benjamin H. Hill, A. R.
Wright, Thomas R. R. Cobb, Augustus H. Kenan, Alexander H.
Stephens.
Louisiana--John Perkins, Jr., A. Declouet, Charles M. Conrad,
D. F. Kenner, Gen. Edward Sparrow, Henry Marshall.
Mississippi--Wiley P. Harris, Walker Brooke, W. S. Wilson,
Alex. M. Clayton, Wm. S. Barry, Jas. T. Harrison.
South Carolina--R. B. Rhett, Sr., R. W. Barnwell, L. M. Keitt,
James Chestnut, Jr., C. G. Memminger, W. Porcher Miles, Thos.
J. Withers, W. W. Boyce.
On motion of Mr. Rhett, the Hon. Howell Cobb, of Georgia,
was declared permanent President, by acclamation.
On motion of Mr. Chilton, Johnson J. Hooper, of Alabama,
was elected permanent Secretary, by acclamation.
On the fifth day of the session, "The Constitution for the
Provisional Government of the Confederate States of America,"
was adopted. It follows, in the main, the Constitution of the
old Union, with the following alterations, additions, omissions,
and temporary provisions. The Preamble reads:
PREAMBLE.
We, the Deputies of the sovereign and independent States
of South Carolina, Georgia, Florida, Alabama, Mississippi and
Louisiana, invoking the favor of Almighty God, do hereby, in
behalf of these States, ordain and establish this Constitution
for the Provisional Government of the same, to continue one
year from the inauguration of the President, or until a permanent
Constitution or Confederation between the said States
shall be put in operation, whichsoever shall first occur.
ALTERATIONS.
1st. The Provisional Constitution differs from the other in
this: That the legislative powers of the Provisional Government
are vested in the Congress now assembled, and this body
exercises all the functions that are exercised by either or both
branches of the United States Government.
2d. The Provisional President holds his office for one year,
unless sooner superceded by the establishment of a permanent
Government.
3d. Each State is erected into a distinct Judicial District--
the Judge having all the powers heretofore vested in the
District and Circuit Courts; and the several District Judges
together compose the Supreme Bench--a majority of them
constituting a quorum.
4th. Wherever the word "Union" occurs in the United States
Constitution, the word "Confederacy" is substituted.
THE FOLLOWING ARE THE ADDITIONS:
1st. The President may veto any separate appropriation,
without vetoing the whole bill in which it is contained.
2d. The African slave trade is prohibited.
3d. Congress is empowered to prohibit the introduction of
slaves from any State not a member of this Confederacy.
4th. All appropriations must be upon the demand of the
President, or heads of departments.
OMISSIONS.
1st. There is no prohibition on members of Congress holding
other offices of honor and emolument under the Provisional
Government.
2d. There is no provision for a neutral spot for the location
of a seat of Government, or for sites for Forts, Arsenals and
Dockyards. Consequently, there is no reference made to the
territorial powers of the Provisional Government.
3d. The section in the old Constitution in reference to capitation
and other direct tax, is omitted; also, the section providing
that no tax or duty shall be laid on exports.
4th. The prohibition of States keeping troops or ships of
war, in time of peace, is omitted.
AMENDMENTS.
1st. The fugitive slave clause of the old Constitution is so
amended as to contain the word "slave," and to provide for
full compensation in cases of abduction, or forcible rescue, on
the part of the State in which such abduction or rescue may
take place.
2. Congress, by a vote of two-thirds, may, at any time, alter
or amend the Constitution.
TEMPORARY PROVISIONS.
1st. The Provisional Government is required to take immediate
steps for the settlement of all matters between the
States forming it, and their other late confederates of the
United States, in relation to the public property and the public
debt.
2d. Montgomery is made the temporary seat of Government.
3d. This Constitution is to continue one year, unless altered
by a two-thirds vote, or superceded by a permanent Government.
THE TARIFF CLAUSE
Provides that the Congress shall have power to lay and collect
taxes, duties, imposts and excises, for revenue necessary
to pay the debts and carry on the government of the Confederacy,
and all duties, imposts and excises shall be uniform
throughout the Confederacy.
On Saturday, February 19th, Hon. Jefferson Davis, of Mississippi,
was elected President, and Hon. Alex. H. Stephens, of
Georgia, Vice-President, of the Confederate States of America
--the vote for each being unanimous.
A resolution was adopted authorizing the appointment of a
committee to report a Constitution for the permanent government
of the Confederacy. Two delegates from each State were
appointed as such committee.
On Monday, February 11th, the committee appointed to notify
Mr. Stephens of his election to the office of Vice-President, submitted
a report, which being read,
Mr. Stephens said: From this it appears to be the general
desire that I should in person make known to the body, in a
verbal response, my acceptance of the high position to which
I have been called.
This I now do. I, in this august presence, before you, Mr.
President, before the Congress, and before this large concourse
of people, under the bright sun and brilliant skies which smile
so auspiciously upon us--I now take the occasion to return my
most profound acknowledgments for this expression of confidence
on the part of Congress. There are special reasons why
I place an unusually high estimate on it. The considerations
that induce me to accept it I need not state; suffice it to say,
that it may be deemed questionable whether any good citizen
can refuse to discharge any duty that may be assigned him by
his country in an hour of need.
It might be expected that I should, at this time, indulge in
some remarks upon the state of our public affairs, the dangers
that threaten us, and the most advisable measures to be adopted
to meet pressing exigencies. Allow me to say, that, in the
absence of the distinguished gentleman who has been called
to the Chief Executive chair, I think it best to forbear to say
anything on such matters. We expect him here in a few days
--by Wednesday, of this week, at furthest, unless providentially
detained longer. When he comes, we will hear from him on
all these difficult questions, and I doubt not we shall cordially
and harmoniously concur in the line of policy his superior wisdom
and superior statesmanship shall indicate. In the meantime,
there are matters we may very profitably be directing
our attention to: such as providing necessary postal arrangements,
making provision for the transfer of the custom-houses
from the jurisdiction of the separate States to the Confederacy,
and the imposition of such duties as will be necessary to meet
present and expected exigencies. In the exercise of the power
to levy duties, we are limited to the objects of revenue. A
small duty, not exceeding ten per cent., upon importations, it
is believed will be sufficient.
And, above all, in the interim between this and the arrival
and inauguration of the President, we can be devoting our
attention to the construction of a Permanent Government,
stable and durable, which is one of the leading objects of our
assembling. I am now ready to take the oath of office.
Mr. Stephens then approached the President, when the Bible
was placed in his hand.
The President: You do solemnly swear that you will faithfully
execute the office of Vice-President of the Confederate
States of America, and will, to the best of your ability, preserve,
protect and defend the Constitution thereof, so help you God?
To which Mr. Stephens responded Aye, and kissed the book,
amidst the applause of the spectators.
On Monday, February 18th, the inauguration of the President
elect took place, and was witnessed by about five thousand
persons, amidst the firing of cannon, display of flags, strains of
music from several bands, and other demonstrations of enthusiasm.
The ceremonies are thus described:
The President and Vice-President were escorted to the Capitol
by an imposing procession, military and civic. When the
procession reached the Capitol Square, and the military were
placed in position, the barouche, drawn by six white horses,
which conveyed Messrs. Davis and Stephens, was brought up,
and its occupants alighted, amidst the shouts of the multitude.
The bands played the Marseillaise, and its cheering and stirring
notes sent a thrill through the vast crowd. The President was
cheered and greeted until he reached the porch if the Capitol,
and then, when he appeared in full view to the crowd, one universal
shout rent the air; ladies waved their handkerchiefs,
and many threw boquets to testify their appreciation of the
important services being performed in inaugurating the first
President of the Southern Republic.
On the right of President Davis sat Vice-President Stephens,
and on his right was the Hon. Howell Cobb. Prayer was
offered by the Rev. Dr. Basil Manly. Mr. Cobb formally announced
that President Davis had arrived, and was now ready
to take the oath of office as President of the Confederate States
of America. President Davis then came forward and delivered
the Inaugural Address.
At the close, he said he was ready to take the oath of office,
which was accordingly administered to him by Mr. Cobb.
The President, in a most solemn and impressive manner,
responded, "So help me God," and kissed the sacred volume.
INAUGURAL ADDRESS OF PRESIDENT DAVIS,
Delivered at Montgomery, Ala., on Monday, February 18th, 1861.
Called to the difficult and responsible station of Chief Executive
of the Provisional Government which you instituted, I
approach the discharge of the duties assigned to me with an
humble distrust of my abilities, but with a sustaining confidence
in the wisdom of those who are to guide and to aid me
in the administration of public affairs, and an abiding faith in
the virtue and patriotism of the people.
Looking forward to the speedy establishment of a permanent
Government to take the place of this, and which by its
greater moral and physical power will be better able to combat
with the many difficulties which arise from the conflicting interests
of separate nations, I enter upon the duties of the
office to which I have been chosen, with the hope that the beginning
of our career, as a Confederacy, may not be obstructed
by hostile opposition to our enjoyment of the separate existence
and independence which we have asserted, and with the
blessing of Providence intend to maintain. Our present condition,
achieved in a manner unprecedented in the history of
nations, illustrates the American idea that Government rests
upon the consent of the governed, and that it is the right of
the people to alter or abolish Governments whenever they become
destructive of the ends for which they were established.
The declared purpose of the compact of Union from which
we have withdrawn, was "to establish justice, ensure domestic
tranquility, provide for the common defence, promote the
general welfare, and secure the blessings of liberty to ourselves
and our posterity;" and when, in the judgement of the sovereign
States now composing this Confederacy, it has been
perverted from the purposes for which it was ordained, and
had ceased to answer the end for which it was established, a
peaceful appeal to the ballot box declared, that so far as they
were concerned, the government created by that compact
should cease to exist. In this they merely asserted a right
which the Independence of 1776, had defined to be inalienable;
of the time and occasion for its exercise, they, as sovereigns,
were the final judges, each for itself. The impartial
and enlightened verdict of mankind will vindicate the rectitude
of our conduct, and He who knows the hearts of men will judge of
the sincerity with which we labored to preserve the government
of our fathers in its spirit. The right solemnly proclaimed at
the birth of the States, and which has been affirmed and reaffirmed
in the bills of rights of the States subsequently admitted
into the Union in 1789, undeniably recognized in the people the
power to resume the authority delegated for the purpose of
government. Thus the sovereign States, here represented,
proceeded to form this Confederacy, and it is by abuse of language
that their act has been denominated a revolution.
They formed a new alliance, but within each State its government
has remained the same, nor have the rights of person or
property been disturbed. The agent through which they communicated
with foreign nations is changed, but this does not
necessarily interrupt their international relations.
Sustained by the consciousness that the transition from the
former Union to the present Confederacy has not proceeded
from a disregard on our part of just obligations, or any failure
to perform every constitutional duty; moved by no interest
of passion to invade the rights of others and anxious to cultivate
peace and commerce with all nations, if we may not hope
to avoid war, we may at least expect that posterity will acquit
us of having needlessly engaged in it. Doubly justified by
the absence of wrong on our part, and by wanton aggression,
on the part of others, there call be no cause to doubt that the
courage and patriotism of the people of the Confederate States
will be found equal to any measures of defence which honor
and security may require.
An agricultural people--whose chief interest is the export
of a commodity required in every manufacturing country--our
true policy is peace, and the freest trade which our necessities
will permit. It is alike our interest, and that of all those to
whom we would sell and from whom we would buy, that there
should be the fewest practicable restrictions upon the interchange
of commodities. There can be but little rivalry
between ours and any manufacturing or navigating community,
such as the free States of the American Union. It must follow,
therefore, that a mutual interest would invite good will and
kind offices. If, however, passion or the lust of dominion
should cloud the judgment or inflame the ambition of those
States, we must prepare to meet the emergency and to maintain,
by the final abitration of the sword, the position which
we have assumed among the nations of the earth. We have
entered upon the career of independence, and it must be inflexibly
pursued. Through many years of controversy, with our
late associates, the Northern States, we have vainly endeavored
to secure tranquility, and to obtain respect for the rights to
which we were entitled. As a necessity, not a choice, we have
resorted to the remedy of separation; and henceforth, our
energies must be directed to the conduct of our own affairs,
and the perpetuity of the Confederacy which we have formed.
If a just perception of mutual interest shall permit us, peaceably,
to pursue our separate political career, my most earnest
desire will have been fulfilled. But, if this be denied to us,
and the integrity of our territory and jurisdiction be assailed,
it will remain for us, with firm resolve, to appeal to arms and
invoke the blessings of Providence on a just cause.
As a consequence of our new condition, and with a view to
meet anticipated wants, it will be necessary to provide for the
speedy and efficient organization of branches of the Executive
Department, having special charge of foreign intercourse,
finance, military affairs, and the postal service.
For purposes of defence, the Confederate States may, under
ordinary circumstances, rely mainly upon their militia, but it
is deemed advisable, in the present condition of affairs, that
there should be a well instructed and disciplined army, more
numerous than would usually be required on a peace establishment.
I also suggest that for the protection of our harbors
and commerce on the high seas, a navy adapted to those objects
will be required. These necessities have doubtless engaged
the attention of Congress.
With a Constitution differing only from that of our fathers
in so far is it is explanatory of their well known intent, free
from the sectional conflicts which have interfered with the
pursuit of the general welfare, it is not unreasonable to expect
that States from which we have recently parted may seek to
unite their fortunes with ours under the government which e
have instituted. For this your constitution makes adequate
provision; but beyond this, if I mistake not the judgment and
will of the people, a re-union with the States from which we
have separated is neither practicable nor desirable. To
increase the power, develop the resources, and promote the
happiness of a Confederacy, it is requisite that there should be
so much of homogeneity that the welfare of every portion
shall be the aim of the whole. Where this does not exist,
antagonisms are engendered which must and should result in
separation.
Actuated solely by the desire to preserve our own rights
and promote our own welfare, the separation of the Confederate
States has been marked by no aggression upon others, and
followed by no domestic convulsion. Our industrial pursuits
have received no check--the cultivation of our fields has progressed
as heretofore--and even should we be involed in war,
there would be no considerable diminution in the production of
the staples which have constituted our exports, and in which
the commercial world has an interest scarcely less than our
own. This common interest of the producer and consumer can
only be interrupted by an exterior force, which should obstruct
its transmission to foreign markets--a course of conduct which
would be as unjust towards us as it would be detrimental
to manufacturing and commercial interests abroad. Should
reason guide the action of the Government from which we have
separated, a policy so detrimental to the civilized world, the
Northern States included, could not be dictated by even the
strongest desire to inflict injury upon us; but otherwise, a
terrible responsibility will rest upon it, and the suffering of
millions will bear testimony to the folly and wickedness of our
aggressors. In the meantime, there will remain to us, besides
the ordinary means before suggested, the well known resources
for retaliation upon the commerce of an enemy.
Experience in public stations, of subordinate grade to this
which your kindness has conferred, has taught me that care,
and toil, and disappointment, are the price of official elevation.
You will see many errors to forgive, many deficiencies to
tolerate, but you shall not find in me either a want of zeal or
fidelity to the cause, that is to me highest in hope and of most
enduring affection. Your generosity has bestowed upon me
an undeserved distinction; one which I neither sought nor
desired. Upon the continuance of that sentiment, and upon
your wisdom and patriotism, I rely to direct and support me
in the performance of the duty required at my hands.
We have changed the constituent parts, but not the system
of our government. The Constitution formed by our fathers
is that of these Confederate States, is their exposition of it;
and in the judicial construction it has received, we have a
light which reveals its true meaning.
Thus instructed as to the just interpretation of the instrument,
and ever remembering that all offices are but trusts held
for the people, and that delegated powers are to be strictly
construed, I will hope, by due diligence in the performance of
my duties, though I may disappoint your expectations, yet to
retain, when retiring, somethin of the good will and confidence
which welcomes my entrance into office.
It is joyous, in the midst of perilous times, to look around
upon a people united in heart, where one purpose of high resolve
animates and actuates the whole--where the sacrifices to be
made are not weighed in the balance against honor, and right,
and liberty, and equality. Obstacles may retard, they cannot
long prevent the progress of a movement sanctified by its
justice, and sustained by a virtuous people. Reverently let
us invoke the God of our fathers to guide and protect us in
our efforts to perpetuate the principles, which, by His blessing,
they were able to vindicate, establish and transmit to their
posterity, and with a continuance of His favor, ever gratefully
acknowledged, we may hopefully look forward to success, to
peace, and to prosperity.
President Davis' Cabinet.
ROBERT TOOMBS, of Georgia, . . . . . Secretary of State.
C. G. MEMMINGER, of South Carolina, . . . . . Secretary of Treasury.
L. POPE WALKER, of Alabama, . . . . . Secretary of War.
S. R. MALLORY, of Florida, . . . . . Secretary of the Navy.
J. H, REAGAN, of Texas, . . . . . Postmaster General.
J. P. BENJAMIN, of Louisiana, . . . . . Attorney General.
At the date of this publication, March 6th, the Interior Department was
not supplied.
THE CITY OF MONTGOMERY,
The Capital, for the time being, of the Southern Confederacy, is also the
Capital of the State of Alabama. It is situated on the eastern bank of the
Alabama river, 300 miles from the Gulf Coast. Population about 12,000.
Jefferson Davis, who has just been chosen President of the
Southern Confederacy, was born June 3, 1808, in what is now
Todd county, Kentucky. While yet an infant, his father,
Samuel Davis, a revolutionary soldier in Georgia, removed to
Mississippi, and settled in Wilkinson county. Jefferson Davis
was sent at the usual age to Transylvania College, Ky., from
which he was transferred in 1824 to the Military Academy at
West Point, which he left in 1828 with the brevet appointment
of 2d Lieutenant. He was in the army about seven years,
and distinguished himself in active service on the Western
frontiers in the Black Hawk and other Indian wars. His
capture of the chief Black Hawk, and the friendship which
sprang up between him and his prisoner, are among the most
romantic episodes of the history of the war. With the rank of
1st Lieutenant of Dragoons, he resigned out of the army in
1835; and having married a daughter of General Taylor, he
returned to Missisippi, and became a cotton planter in Warren
county, where he lived in retirement until about 1844, when
he first took an active part in politics as a Democrat. His
first appearance as a public speaker was at a "barbecue" in
Warren county, in answer to the celebrated S. S. Prentiss. On
that occasion he sustained himself with such ability and bore
himself with such gallantry against a man who was regarded
as a sort of Napoleon of stump oratory on the Whig side of
politics, that he at once attracted general attention, and was
soon earnestly desiderated by the Democratic masses as a
champion of Democracy. From that moment he became the
Bayard of the Mississippi Democracy--a leader without fear
and without reproach--a leader equally sagacious and intrepid
--a leader whom none know what that thing was of which he
was afraid, unless dishonor--a leader who shrunk, from no
fair and open contest, and who never came from battle with a
lowered crest or a sullied escutcheon.
In 1844, Jefferson Davis was chosen one of the Presidential
Electors of Mississippi, in which capacity he voted for Polk
and Dallas. In the succeeding year, he was nominated by the
Democratic party of his State as a candidate for Congress,
was elected, and took his seat in that body in December.
While in Congress he was foremost among the members
who assisted to organize the war against Mexico, and in July,
when the First Regiment of Mississippi Volunteers was enrolled
for service in Mexico, he was elected its Colonel, when
he left his seat in the House, and, joining his regiment, led it
to reinforce the army of General Taylor on the Rio Grande.
His services in the army thenceforth are matter of history--
from his conspicuous participation in the capture of Monterey
to his brilliant, exploit at Buena Vista. His conduct on this
last field has been alike the theme of admiration to military
criticism and to martial patriotism. Equally skillful and
intrepid; his regiment attacked by an immensely superior force,
which the repelled unsupported; and he himself, though
wounded, remaining in the saddle until the enemy was beaten,
he was acknowledged to have decided the fate of the day, and
was warmly mentioned by Gen. Taylor for his remarkable
display of coolness and gallantry. It was just after that action
that Gen. Taylor, whose daughter Col. Davis had married under
circumstances displeasing to her father, consented to be reconciled
to his long repudiated son-in-law.
On the raturn of his regiment in July, 1847, Col. Davis was
tendered the appointment of Brigadier-General of volunteers,
which he declined, on the ground that the States and not the
Federal Government had the right to appoint the officers of the
militia. He was a pointed by the Governor of Mississippi, in
the same year, to fill a vacancy in the U. S. Senate, and was
afterwards unanimously elected by the Mississippi Legislature
for the remainder of the term, which expired March 4, 1851.
In September, 1851, Col. Davis resigned his seat as Senator
on being nominated for Governor by the secession wing of the
Democratic party, in opposition to Henry S. Foote, the Union
candidate, and was beaten by a majority of only 999 votes,
although the Union party went into the field with a majority
of 12,000 votes, as indicated by the Convention election a short
time before.
Col. Davis was in retirement then, until 1852, when he
rendered effective service on the stump for Gen. Pierce as
Democratic candidate for President. Appointed to the War
Department by President Pierce, he continued in that position
until the inauguration of Mr. Buchanan in 1857. And it may
be safely said, no doubt, that no head of that Department ever
administered it with more ability, discrimination and energy.
No previous administration had been so fruitful of judicious
changes and wholesome improvements. He revised the army
regulations; he introduced light infantry, or the rifle system
of tactics; he caused the manufacture of rifled muskets and
pistols, and the use of the Minie ball; he induced the addition
of four regiments to the army, and organized a cavalry service
peculiarly adapted to the wants of the country; he augmented
the seacoast and frontier defense of the country; and had the
western part of the continent explored for scientific, geographical
and railroad purposes.
Col. Davis was elected to the Senate by the Mississippi
Legislature in 1856, before his retirement from the War
Department. He again entered the Senate, therefore, in 1857,
for the term ending the 4th of March, 1863. His State having
seceded from the Union in the early part of last month, Col.
Davis, on being apprised of the fact, withdrew from that body,
and announced his withdrawal in a brief address of characteristic
loftiness of tone, manliness of sentiment and decision
of utterance.
In testimony of the confidence which his constituents reposed
in him, the Mississippi Convention elected Col. Davis Major-General
of the Army of the State, and also transferred him to
the Senate of the Southern Confederacy. The duties of the
former position, he devoted himself to, as a Member of the
Military Board, immediately on his return from the scene of
his labors in Washington City. It was while engaged upon
the task of organizing the military forces of his State and preparing
them for active service, that the Convention of the
seceding States conferred upon him the high trust of Commander-in-Chief
of the Army and Navy of the Southern Confederacy.
It is almost needless to refer to the political opinions and
tendencies of the first President of the Southern Confederacy.
Let it suffice that, judging him by his whole public career, no
man, unless Calhoun or Quitman were living, could well
dispute with him the highest place in Southern confidence; and
that certainly none, dead or living among Southern statesman,
could be named who, on the score of administrative ability,
are equally adapted with him to fill the high and responsible,
position to which he has been called, in an emergency which
imperiously demands that the right men shall be in the right
places.
ALEX. H. STEPHENS.
Alexander H. Stephens, of Georgia, first Vice-President of
new Southern Confederacy, was born in Georgia on 11th
February, 1812, and is consequently forty-nine years of age.
When in his fourteenth year his father died, and the homestead
being sold, his share of the entire estate was about five hundred
dollars. With a commendable Anglo-Saxon love of his
ancestry, Mr. Stephens has since purchased the original estate,
which comprised about two hundred and fifty acres, and has
added to it about six hundred acres more. Assisted by friends,
he entered the University of Georgia in 1828, and in 1832
graduated at the head of his class. In 1834 he took his position
at the Georgia bar, and instantly gave proof of the talents
which have since led him to be considered by many as the
"strongest man in the South." His eloquence has ever had a
powerful effect upon juries, enforcing, as it does, arguments of
admirable simplicity and legal weight. From 1837 to 1840 he
was a member of the Georgia Legislature. In 1842 he was
elected to the State Senate; in 1843 he was elected to Congress,
as a Whig; but at the dissolution of the Whig party he acted
with the Democracy of the South, and soon became a leader in
Congress. He remained in Congress till the election of 1858,
when he refused to be a candidate any longer, and withdrew
--as he supposed--from public life. In the House he served
prominently in the most important committees, and effected the
passage of the Kansas-Nebraskas bill through the House at a
time when its warmest friends despaired of success. He was
subsequently appointed chairman of the Committee on Territories,
and was also Chairman of the Special Committee to
which was referred the Lecompton Constitution. Mr. Stephens
is most distinguished as an orator, though he does not look
like one who can command the attention of an audience at any
time or upon any topic. He has all his life been a martyr to
disease, being afflicted with four abscesses and a continued
derangement or the liver, which give him a consumptive appearance,
though his lungs are sound. He has never weighed
over ninety-six pounds, and to see his attenuated figure bent
over his desk, the shoulders contracted, and the shape or his
slender limbs visible through his garments, a stranger would
never select him as the "John Randolph" of our time, more
dreaded as an adversary and more prized as an ally in debate
than perhaps any other man in the country. He is a careful
student, but so careful that no trace or study is perceptible as
he dashes along in a flow of facts, arguments and language
that to common minds, is almost bewildering. His voice is
shrill, and at first quite unpleasant to the ear; but his eloquence
is so sure and practical, and his judgment so reliable that,
wherever he is, he is sure to be a leader. Possessing hosts of
warm friends who are proud of his regard, an enlightened
Christian virtue and inflexible infegrity, such is Alexander H.
Stephens, the Vice-President elect of the Confederate States.
Such has been the upright, steadfast and patriotic course he
has pursued, that no one in the present era of faction and selfishness
or suspicion, has whispered an accusation selfish
motives or degrading intrigues against him. Mr. Stephens
is a remarkable example of what energy and integrity may do
for a man.
Remarks of J. L. Alcorn on Secession Ordinance, . . . . .13
" of Walker Brooke " " . . . . .13
" of R. W. Flournoy " " . . . . .14
" of J. B. Herring " " . . . . .14
" of M. D. L. Stephens " " . . . . .14
" of J. A. Blair " " . . . . .68
" of J. W. Clapp on Postal Ordinance, . . . . .68
" of J. W. Clapp on Southern Confederacy . . . . .79
" of Wiley P. Harris on Federal Jurisdiction, etc. . . . . .70
" of J. M. Dyer on Citizenship, . . . . .72
" of J. M. Dyer on providing means for defence, . . . . .92
" of Geo. R. Clayton on powers of Convention . . . . .74
Page 128
Remarks of A. M. Clayton on revenue bill, . . . . .PAGE 77
" of A. M. Clayton on Southern Confederacy, . . . . .95
" of J. Winchester on powers of the Convention, . . . . .82
" of J. S. Yerger, on revenue bill, . . . . .83
" of Joel H. Berry " " . . . . .86
" of D. C. Glenn " " . . . . .82
" of D. C. Glenn on Southern Confederacy . . . . .94
" of F. M. Aldridge on revenue bill . . . . .90
" of J. R Chalmers on Southern Confederacy, . . . . .98
" of F. M. Rogers, " " . . . . .101
" of E. P. Jones on Congressional Dis'ct representation . . . . .103
" of Wm. R. Barksdale, on Southern Confederacy . . . . .110
" of W. B. Smart, " " . . . . .111
Resignation of Judge Gholson, . . . . .17
Southern Convention, . . . . .112
Standing Committees, . . . . .16
Temporary Executive Council . . . . .19
NATIONAL AND STATE FLAGS.
FLAG OF THE CONFEDERATE STATES OF AMERICA: Blue union,
with seven white stars; three horizontal sripes, red, white and
red. The first red and white extending from the union to the
end of the flag, and the lower red stripe extending the whole
length of the flag, occupying the whole space below the union.
The stripes are of equal width.
FLAG OF THE STATE OF MISSISSIPPI: White ground, a magnolia
tree in the centre, a blue field in the upper left-hand
corner, with a white star in the centre--the flag to be surrounded
with a red border, and a red fringe at the extremity
of the flag.
The description of this flag, on page 42, locates the blue
field in the under left-hand corner, which is a mistake.
| Buy DocSouth Books
