can go up to the polls and vote for the man of cipation has been unable up to this time to retheir choice. Mr. DRAKE. There are two or three points upon which I wish to make a few remarks, but if gentlemen will give way I will move an adjournment. port, in consequence of the absence of Gov. Gamble; I think it likely, however, that the committee will be prepared to-morrow to bring the matter before the Convention. I would suggest, therefore, that we now adjourn till Carried. Mr. HALL of R. The Committee on Eman- Tuesday, at 10 o'clock a. M. EIGHTH DAY. JEFFERSON CITY, Tuesday, June 23, 1863. Convention met at 10 o'clock. President in the chair. Prayer by the Chaplain. Journal of yesterday read and approved. THE EMANCIPATION REPORTS. Gov. GAMBLE introduced the following As Chairman of the Committee on Emancipation, I am instructed by a majority of the committee to report the ordinance now presented. A minority of the committee do not concur in the report, and who feel themselves at liberty to support amendments to the ordinance reported, although they do not concur in a minority report. One member of the committee will make a minority report. H. R. GAMBLE, June 23, 1863. Chairman. AN ORDINANCE TO PROVIDE FOR CERTAIN AMENDMENTS TO THE CONSTITUTION AND FOR EMANCIPATION OF SLAVES. Sec. 3. That all slaves hereafter brought into this State, and not now belonging to citizens of this State, shall thereupon be free. Sec. 4. All slaves removed by consent of their owners to any seceded State after the passage by such State of an act or ordinance of secession, and hereafter brought into this State by their owners, shall thereupon be free. Sec. 5. The General Assembly shall have no power to pass laws to emancipate slaves without the consent of their owners. - Mr. BUSH then presented the following Minority Report. Mr. PRESIDENT: The undersigned feels it to be due to this honorable body, to himself, and, above all, to the true emancipationists whom he desires to represent, that he should explain the reasons which have made it impossible for him to agree with the Majority Report of the Committee. He has earnestly desired to unite with Be it ordained by the People of the State of all emancipationists, to yield his prefer Missouri in Convention assembled: Section 1. The first and second clauses of the twenty-sixth section of the third article of the Constitution are hereby abrogated. Sec. 2. That slavery and involuntary servitude, except for the punishment of crime, shall cease to exist in Missouri on the fourth day of July, eighteen hundred and seventy-six; and all slaves within the State on that day are hereby declared to be free. ences, to sacrifice his favorite plans and ideas, and to submit, to a great extent, to the views of other members of the committee, in what they would regard as a better policy; but it is most difficult to compromise principles. And it is on principles, also, that the majority of the committee unfortunately differ with him. The undersigned will state only the principal points of difference : 1. The position of our national affairs, the preservation of the Union, the pros perity of this State, its future peace and security, and the interest of the slaveowner, as well as humanity to the slaves, imperatively demand speedy emancipation, followed by apprenticeship for a limited period. It is this system which alone could temporarily secure to the present slave-owner that labor, to secure which all laws against fugitives from labor are now inefficient, and which, at the same time, would gradually prepare the slave for full freedom. But as this point may be regarded by some as one of policy, and not of principle, this point might be yielded, provided the time adopted for the continuance of slavery were short, and the conditions attached thereto not in conflict with the principles of humanity. 2. The committee, however, have agreed not only on a time which the undersigned considers far too remote, but they have also refused to attach to this long extension of the present system, the humane principle of prohibiting the sale of slaves and their children out of this State; thus continuing to consider slaves as herds of animals, rather than as human beings. To this the undersigned, for one, could not subscribe. 3. The ordinance reported by the committee does not provide for submitting it first to the vote of the people. This is another essential point of difference. Unlimited as the powers of this Convention are, an Ordinance of Emancipation passed by this Convention would have no vitality, or, at least, no sufficient guaranty for the future, without a ratification by the people; especially, in view of the fact, that the majority of this Convention did, on the 14th day of June, 1862, adopt the resolution declaring that they have not felt authorized to take action with respect to the grave and delicate questions of private right and public policy, presented by the joint resolution of Congress, respecting the gradual abolishment of slavery. Having thus briefly stated the reasons from which he has been unable to agree to the report presented by the committee, the undersigned desires to present, for the consideration of the Convention, an ordinance which, while it entrusts to future legislation the passing of such laws as the change of system will require, is to go into effect immediately after the people have given it full force by their vote, and which he believes would receive the sanction of a great majority of the loyal people of Missouri would cement the Union, and would result in great and material advantages to our State. ISIDOR BUSH. June 23, 1863. AN ORDINANCE TO PROVIDE FOR CERTAIN AMEND. MENTS TO THE CONSTITUTION AND FOR THE EMANCIPATION OF SLAVES. Be it ordained by the People of the State of Missouri in Convention assembled, as follows: Section 1. The first and second clauses of the twenty-sixth section of the third article of the Constitution are hereby abrogated. Sec. 2. From and after the first day of January, eighteen hundred and sixty-four, slavery and involuntary servitude, except for crime, or as hereinafter provided, are abolished, and all persons who on that day may be held in bondage in this State, as slaves for life, are hereby declared forever free: Provided, however, that they and their issue thereafter born shall thereupon be and become indentured apprentices to their former owners, their assigns or representatives, and as such held to service and labor from that date until the fourth day of July, eighteen hundred and seventy, and no longer. Sec. 3. It shall be the duty of the Legislature to pass laws, regulating the relations between said apprentices and their masters and mistresses respectively; to secure the services of said apprentices to their respective masters, and humane treatment to the apprentices; to provide, as far as necessary, for the education, apprenticing and support of those who shall become free under the operations of this ordinance, and against the importation of any negro or mulatto. Sec. 4. No future assessment of slave property shall be made in this State, and taxes now assessed against said property shall not be collected, nor shall the right to the services of apprentices under this ordinance be subject to taxation. Sec. 5. That at the election to be held on the first Monday of August, eighteen hundred and sixty-three, the several clerks of the county courts, or, in case said clerks shall fail to do so, then the clerks of the election, shall, in preparing the poll-books for the election, enter thereon two columns, one headed "For emancipation" and the other "Against emancipation;" said election to be held by ballot and to conform in all respects with the laws now in force regulating elections. And if a majority of the legal votes or ballots given be "For emancipation," then this ordinance shall take effect and be in full force; and if a majority of the legal votes or ballots given be "Against emancipation," then this ordinance shall be null, void and of no effect. And when the result of said election shall be ascertained, the Governor of the State shall, by proclamation, announce the same. Gov. GAMBLE moved that the majority and minority reports be laid upon the table, and made the special order for 9 o'clock Wednesday morning. Carried. The PRESIDENT. The special order will now be taken up-Mr. Drake's resolution, and the substitute offered by the gentleman from Adair. The resolution and substitute were then read. Mr. SMITH of Linn. I desire to offer an amendment to the substitute, as follows: strike out Lieutenant Governor, Secretary of State, Attorney General, and Registrar of Lands. I desire briefly to offer a few remarks respecting the amendment, and to notice briefly some of the arguments introduced by gentlemen yesterday. When I came to this Convention, it was with a determination to oppose all propositions having in view any change in this Provisional Government. I have seen no reasons why this Convention should undertake at this time to depose any member of the Provisional Government elected by this body twelve months ago; but the resignation of the Governor has made it necessary that some action should be taken. I prefer, however, that this Convention should not legislate, even after the resignation of Gov. Gamble. I prefer that things should be per14 mitted to remain under the law, as they would have remained and proceeded if this Convention had not convened; but I discover, by the action of some of the members of this Conven tion, especially of the gentleman from Clinton, who offered a proposition the other day that we should proceed to elect a Governor to fill the vacancy caused by the resignation of Gov. Gamble; and on yesterday a proposition was only to fill that vacancy, but proposing to make introduced by the gentleman from Adair, not other vacancies, and to fill those vacancies by the people. Of the two propositions, I prefer the latter. If the vacancy occasioned by the resignation of the Governor is to be filled at all, I prefer that it shall be filled by an election of the people. I shall oppose any attempt on the part of this body to fill any vacancy now existing, or which may hereafter exist, that can be filled by the people. I regret, Mr. President, very much to witness the course and range of the debate of yesHouse. The question of emancipation and terday in regard to the proposition before this other questions were, in my opinion, unnecessarily dragged into the discussion; and I regretted very much the spirit in which the discover no cause for agitation in regard to debate was conducted. For my part, I can this question. I see no reason why excitement should prevail, and harsh words be used in discussion. I regretted to notice the absence of that courtesy and kindness heretofore extended by members towards each other, and which have characterized the proceedings of session until yesterday. It occurs to me that this Convention heretofore, and during this if there ever was a time when the members of this Convention should act dispassionately and kindly towards each other, now is the time. When storm and faction rage without; when we have heard so much said in reference to the determination of the people, and the passions and prejudice existing amongst them, it appears to me that this is not the time, nor is this the place, to foster and encourage such a spirit. It is in the spirit of kindness and concession that we should act; endeavoring, if possible, to come to some conclusion in reference to this great question for which we have been convened. Let us act in such a manner as will not only satisfy ourselves, but that our constituents may acquiesce in, and sustain the action of the Convention; let us use every effort to quiet and still the anger and passions of the people, instead of encouraging them, and then not only shall we have nothing to fear from them, but much good, in my judgment, might be accomplished. But, sir, what are the principal reasons urged in favor of the original proposition and the substitute, in reference to the election proposed? It is urged by the gentleman from St. Louis, (Mr. Drake,) that inasmuch as the Governor has resigned, and inasmuch as the Lieut. Governor and Secretary of State were appointed by this Convention, and inasmuch as it is believed that this Convention will adjourn without date, that it should leave none of its appointees in office when it surrenders to the people again the power conferred upon it by them. I confess I cannot fully appreciate this argument. I have believed from the beginning that this was a constitutional Convention; that this body had power to depose Gov. Jackson and the Legislature, and that it had full power to fill the vavancies occurring in consequence of the action of this body; that those officers held their position as legitimately, and with all the rights and privileges appertaining thereto, as any other officers under this government; and I cannot see any good reason, at least none satisfactory to my mind, why we should depose the Lieut. Governor and Secretary of State. I have heard no charges preferred against those gentlemen, nor of any dereliction of duty on their part, and consequently I cannot consent now to undo what was done in this body a year ago with so much harmony and unanimity, and thereby commit an act which some will naturally suppose superinduced in consequence of prejudice against these gentlemen, or on account of dereliction of duty. Hence I have offered this amendment. I propose to strike out the names of all contained in the substitute except that of Governor. I am willing to refer this matter to the people; and that they shall, as speedily as is convenient, elect a Governor. I am in favor of that proposition because I believe the election of a Governor rightly belongs to the people; and I believe they are capable to-day of electing a Governor, and that an election can be held to-day that will reflect the will of the great mass of the loyal voters of the State of Missouri. But one of the objections against referring this matter to the people is that our country is yet filled with the soldiery; that the bayonets are here, and that until these are removed, a full and free vote cannot be had; and that the people should not be permitted to vote on any question involving such rights and such interests as the election of Governor, until the bayonets are removed from the State. I was much surprised to hear such arguments yesterday from gentlemen who, twelve months ago, on this floor, declared they believed that the patriotism of the State of Missouri was in the soldiery, in the army, and that the soldier should be entrusted with the high privilege of voting, not only in his camp in Missouri, but wherever he might be on the day of election. This proposition, Mr. President, I was unfortunate enough to oppose at that time; but I find, upon looking over the journal, that a gentleman who was in favor of that same proposition, now urges the postponement of this election because the soldiers are here. To my mind, if it is safe to trust the soldier with the bayonet to defend our lives and our property, I think it is entirely safe to trust him to vote. Is it to be supposed, sir, that because a man has a gun in his hand-because he is entrusted with the high privilege of defending us against the enemies of the State, he is not to be permitted to vote for a Governor ? Great complaints, I am aware, were made of the actions of the soldiers at the election last fall; but, so far as I have any information or knowledge upon that subject, and so far as their action in my district is concerned, there was no cause of complaint. In my county I was at the polls on the day of election, and I never, in my life, witnessed a more quiet and peaceable election. I have been in the State of Missouri eighteen years, and never was present at as quiet an election as was held in my county on that day. It is not to be expected that a general election for officers of State can be held any where without creating some excitement, or producing some manifestation of feeling. I will not deny that some soldiers acted badly at particular places; but, as a general thing, in my judgment, the election was free, and it was fair; and I know no reason why we cannot expect a full and fair election next fall. It was urged by others that if an election is ordered this fall, while the soldiers are here, with bayonets in their hands, and while they are under the influence of Radicals, it would injure the whole election. All I have to say in regard to this matter is, that, according to my judgment, radicalism is on the increase in the State of Missouri; and if you desire to check it, the sooner you hold an election the better. In my opinion, there never will be less Radicals than now, until the soldier, as well as every other person, is free to vote for the man of his choice for ruler. If Gov. Gamble had not resigned, sir, I would have resisted every attempt to refer this matter to the people, believing that they would acquiesce in the action of this Convention, as they have hitherto done; for in public meetings they have passed resolutions approving and heartily endorsing the proceedings of the Convention last year. At no place in my district have the people demanded an election of Governor, Lieut. Governor, Secretary of State, or any other officer; they acquiesced in the appointments of the Convention, and I believe they would be opposed to interfering with the incumbents of offices against whom there is no charge; but, if you refer the matter to them, I think they will discharge their duty in regard to it faithfully and honestly. amendment offered by the gentleman from Linn. - once Mr. SAYRE. The gentleman from Adair (Mr. Foster) took occasion to misrepresent me twice during his remarks yesterday. in reference to a point of fact, and another time in reference to a point of law. The gentleman says he practices law in my county. He may remember on one occasion he was endeavoring to obtain indictments against some persons who had taken some prisoners out of the hands of the sheriff and were protected in so doing. I hope he will be able to remember whether he succeeded in indicting them or not. During the time he was there a body of soldiers gained possession of the town. The judge at whose court and in whose district the indictment was sought for, and who had held court at other places where soldiers had been, told them that they must leave the town, or he would. He did not believe the soldiers were necessary; but it seems there were some persons there at that time who entertained a different feeling, and had some apprehensions that the soldiers were needed. So the soldiers were kept there, without provisions, without a commissariat, without quartermaster's stores, and were quartered upon the people without authority of law. A short time before a large portion of our people, all loyal men, had attempted to sell some of their slaves, or were taking them to Howard county for safety. These soldiers had in several cases taken the I have no fear of a Radical, or any other kind of man being elected, who will be dangerous to the interests of Missouri. If the Radicals are in the ascendancy, they ought to have a man according to their choice at the head of affairs, and I, for one, am ready to yield to the Radicals if they have a majority; if they have not, they will be beaten. By some gentlemen I am classed as a Radical, by others I am placed among the rebel sympathizers; but I claim to be a truly loyal man to my Government, and I think my action in this Convention and else-negroes from their owners, and had arrested where shows it. It occurs to me that all we should attempt to do now is to elect a Governor to fill the vacancy caused by the resignation of Gov. Gam. ble. If we do that, I feel sure that we shall fully discharge our duty in this matter, and we can then proceed to the other business for which we were summoned here. Another reason why I prefer the election of Governor this fall is this: I take it for granted that an ordinance of emancipation will be adopted by this Convention; and whatever is adopted, I take it for granted will be referred to the people, and I prefer that an election of Governor shall take place at the same time. And, gentlemen, I am willing that a Governor should be elected who agrees with this Convention upon the emancipation question. If we have anything like a unanimous vote upon the question, and refer it to the people, I have no fears of the result. The PRESIDENT. The question is upon the the men who were taking them away, holding them in custody, and making poor white women do the cooking for the soldiers, and all without the authority of law. These things took place while the gentleman from Adair was there; but he has forgotten all about it. These people, tyrannized over as they have been by the soldiers, will, in my opinion, have but little disposition to go to the polls to vote, when the expression of their wishes may be opposed to the views of the military. How, I ask, did it happen that these soldiers were in our county, unlodged and uncared for, and without orders? And here I will remark that there has been a policy pursued though, I am happy to say, it is changed now to enroll only those who will carry into effect a certain policy; others may enroll themselves, but, on asking for arms, they are refused; and arms are only given to those who will carry out the ideas of a particular party. Now as to the point of law. It has aroused |