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from Livingston (Col. Woolfolk), that I shall not pause to make any additional remarks upon that subject.

Sir, I believe a majority of the members of this Convention are pro-slavery men, yet I think many of them are disposed to vote for emancipation in some shape. They are inclined to do so to secure slaveholders in their rights for a few years longer and to quell slavery agitation. Sir, I have the most profound respect for the motives of such gentlemen. I would ask those gentlemen, however, what guarantee or assurance have they that their hopes will be realized? No one, I suppose, has authority to bind fanatics and agitators by any compromise. It cannot be done. They have an insatiable appetite for mischief. They will war upon slavery as long as it exists, and when it is overturned, they will become as troublesome on some other dogma as they are upon slavery. I tell gentlemen it will never do surrender the very principles which sustain society to propitiate the feelings of men blinded by passion and prejudice. Sir, come what may, I will never give countenance to such a thing. For one, I stand upon my constitutional rights, and will oppose emancipation in all its phases; and if I am overwhelmed in the conflict, I will have the consolation which the smiles of an approving conscience afford that I did my duty in resisting the radical measures which have brought ruin upon my country.

Mr. STEWART. As this may be the last time I shall offer any remarks upon this floor, I beg to say that my opinions are unchanged in one respect, and that is as to the impropriety of this body deciding either on the question of emancipation or any other question affecting the interests of the State of Missouri. Gentlemen argued that the emancipation of the negro was wrong a wrong to white as well as black-a violation of the rights of citizens, and a violation of the guaranties offered by the Constitution of Missouri. Though I do not believe it is the proper work of this body to do, I pity the man who does not see that slavery in Missouri is doomed. If Missouri sticks to slavery, Missouri must go South. Missouri cannot go South. Well, what then? Why, Missouri has to go with the Union-with this great and glorious Union-and she has to get rid of slavery to enable her to do this. You may call this revolution, gentlemen; I do not deny it; and I do not deny that I have had a hand in bringing it about. I think that school-houses and railroads have something to do with revolu

tions; I have had a hand in these too. Gentlemen may frighten themselves about radicals and revolutions, but they cannot stop revolutions brought about by the growing thought of the people, and the only revolution that I see is one of brains, not of guns.

Mr. DRAKE. Under a sense of duty to a gentleman not here to defend himself, I have a word to say on a single point contained in the speech of the gentleman from Pike (Mr. Henderson). The extract from the gentleman's speech is as follows:

"I have alluded to this subject for the express purpose of stamping my condemnation upon the lawless usurpation of power by the late administration of military affairs in this department. So far as the mere loss of slavery was concerned I cared nothing, for I regarded it of little or no value. I had attempted to secure full compensation to the owners for its loss, and had been denounced as an Abolitionist for my pains. But, sir, to the extent that such policy undertook to give free papers to slaves, either by the head of the department or its subaltern provost-marshals, on the ground of disloyalty of their owners, generally leav ing the owners to run at large after being stripped of their property; and in so far as it attempted by military force to collect the penalty of bonds taken to secure future allegiance of the obligors, it deserved the condemnation of every honest man. It was calculated to corrupt those in power; to bring upon the country an age of tyranny and oppression; to make slaves of freemen, and to render our Government odious. One violation of law leads to another; the people soon become subservient to military rule; the land becomes filled with spies and informers; while the cowardly become the executioners of vengeance, to save themselves. Such was Sicily under Verres, such was India under Hastings."

There can, I suppose, be no doubt that the gentleman from Pike intended to refer to Gen. Curtis?

Mr. HENDERSON. Of course I did.

Mr. DRAKE. It is no part of my purpose, in introducing this portion of the gentleman's speech, to enter upon a vindication of General Curtis's military administration, while he was in command in Missouri, for two reasons; first, because I am not in possession of the information necessary to enable me to do it; and secondly, because I do not consider that in this body, which has nothing to do with General Curtis's military administration-which can

with Curtis's administration that would appal even him. I never have stated them and will not unless driven to do so. I refer to those things that are notorious-that he has taken property from Arkansas and Missouri and ship

not arraign nor try him, if we were ever so much disposed to do so-which could pass no judgment upon him that would reach him,-I do not consider that in this body Gen. Curtis's administration should become the subject of discussion. Gen. Curtis was and is accounta-ped it to his private residence in Iowa. I could ble only to his military superior. I now desire to inquire whether the gentleman did not, while in Washington as a Senator, or afterwards, make special complaints against Gen. Curtis with a view to his removal.

Mr. HENDERSON. I am not upon the witness stand; but I will state, however, that I did present petitions both for and against his removal.

Mr. DRAKE. It has been stated in papers that the gentleman from Pike made special efforts since the adjournment of Congress for the removal of Gen. Curtis, and that he went to Washington for that express purpose.

Mr. HENDERSON. I asked the President since the adjournment of Congress to remove Gen. Curtis. He removed him, and I thank God for it.

Mr. DRAKE. In justice to a gentleman who is absent, I beg leave to state as a reply to the charges made against him, that, on the 8th of June, the President in a letter to Gen. Curtis, in reference to the change of command in this department, said: "I did not mean to cast any censure upon you, nor to endorse any of the charges made against you by others. The presumption is still in your favor that you are honest, capable, and patriotic." That is all I have to say. I make no defence of Gen. Curtis's administration-I make no attack on the gentleman from Pike.

Mr. HENDERSON. Because we (referring to Mr. Broadhead and himself) had the temerity to ask for the removal of a military officer who was distasteful to the people, we were denounced by papers, par excellence loyal, as being Copperheads. Nothing shall prevent me from raising my voice, as long as I have the power, against tyranny and oppression. I made charges against Gen. Curtis last December. Mr. Broadhead came to Washington and assured me that I was mistaken, and I took my name from the petition asking for his removal. Subsequently, facts, that were never denied, came upon me so strong, that I asked the President to remove Gen. Curtis and appoint Gen. Sumner. It was done, and after the death of Gen. Sumner I was appealed to by the friends of Curtis to let him remain. I could state to the gentleman from St. Louis things connected

refer also to the fact that military subordinates gave free papers to slaves, deciding upon loyalty and collecting bonds that had been taken, judging of the criminality of the party, selling their property and pocketing the proceeds. If such tests are to be applied my property will not be safe, because the Democrat has denounced me as a Copperhead. If all these things can be done, and men shot in cold blood upon the mere denunciation of the military authorities; if their property can be advertised by the decree of a provost marshal, and money collected, and no restraint placed over it, how long may it be before those who now sustain this course of conduct will fall as Robespierre did and Danton? I don't want to wound any one's feelings; but from the day that man was removed, a bold, daring, fraudulent, mean course of policy has been pursued against me, attempting to raise a spirit which, in these revolutionary times, makes a man's life in danger. Are the people of this country so low and degraded that they dare not appeal to power for the removal of a military commander? I feel excited when I refer to this because of the systematic course of vilification that has pursued me since he was removed. When the secret history of this war shall be written, and the little petty oppressions brought to light in that man Curtis, even my friend from St. Louis will recognize the will of a Hastings. When what I have stated is made to appear untrue, then will be time enough to make good the truth of them.

Mr. DRAKE. I wanted to know whether it was through the agency of the gentleman from Pike, or from representations he caused to be made, that the President removed Gen. Curtis.

Mr. HENDERSON. Gen. Curtis never was replaced in command after his removal in February, and retained the command by permission until his successor should be appointed. He was to have been superseded by Sumner, but death cut him off.

Mr. DRAKE. That was a reinstatement of Gen. Curtis, ad interim. My purpose in calling attention to this subject is not to vindicate Gen. Curtis, but to lay it before this Convention and the country. Up to as late a day as the 8th of June, in spite of all representations

made to the President during a period of six months, he wrote the letter from which I have read the extract, the President was the recipient of all the charges made against Gen. Curtis. It was to him that application was made for his removal. If Gen. Curtis could be compared to Verres and Hastings, the ground of that comparison should have been laid before the party in Washington to whom the application was made. All I have to say, is that the verdict of the President upon the charges against Gen. Curtis is summed up in the extract which I have made. If the President could have said more than that of General Curtis, or could say more to-day in regard to any officer in the army, I don't know how he could do it. I have done for Gen. Curtis what my heart will leap to do for my friend from Pike when assailed and unable to reply.

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Mr. BROADHEAD. I wish to say in defence of the action of the President of the United States in this matter, that he is a warm-hearted, honest man, and, obeying the instincts of his nature, he has given Gen. Curtis the benefit of the presumption which belongs to every criminal who may be arraigned at the bar of public justice; and that is all the letter does-it gives him the benefit of a presumption. The gentleman from Pike stated that I was in Washington City last January, and requested him to withdraw his application for the removal of Gen. Curtis. I did, sir, in the presence of the President himself. I had not at that time heard any of these charges against Gen. Curtis; and I had heard, up to that time, no particular complaint coming from the citizens of Missouri, and I was not aware to its full extent of the conflict and mutual want of confidence

Mr. HENDERSON. Yes; you are very kind. between the Missouri State Government and I am thankful to you.

the commander of this military department.

Mr. DRAKE. I will vindicate a friend if II had nothing further to do with the matter have it in my power.

Mr. HENDERSON. I have answered several questions; will the gentleman be so kind as to answer me one? Does he endorse the giving of free papers to slaves by the military commanders, and the collecting of bonds by the provost marshal?

Mr. DRAKE. I do not know that my opinion on this point is a matter of consideration here at this moment. I told the gentleman from Pike that I did not intend to controvert his allegations, or arraign him for the course he has taken, and he knows I do not undertake to do any such thing; and I am not therefore to be interrogated about the merits of this question. Mr. HENDERSON. I thought my friend was vindicating General Curtis. I understood that the charges which have been made against him are being investigated by a military court of inquiry. Does he endorse the course of Gen. Curtis? If so, let him vindicate him.

Mr. DRAKE. I endorse nothing in the premises. I simply maintain the position which I took when I brought this matter up, and which I will maintain to the end. I will not be involved in a discussion of Gen. Curtis's acts; yet I give him simply the vindication of the President, who does not endorse the charges which have been made, but declares his conviction of the honesty, capability, fidelity, and patriotism, of Gen. Curtis.

until after Curtis was removed, and Gen. Sumner appointed in his place. I afterwards, however, learned many things which induced me to join in the application to remove Gen. Curtis after the death of Gen. Sumner. The first fact that opened my eyes in regard to the character of the military commander of this department was this: I saw from one of the public prints in St. Louis, that Gen. Curtis was charged with having made a request to the President to apply his emancipation proclamation to Missouri. I thought I knew that Gen. Curtis was in favor of the proclamation-at any rate, a large portion of the people were led by him to believe that he was in favor of it— though of the truth or falsehood of the charge made, that he desired to apply it to Missouri, I knew nothing. Just after this charge was published, I saw and read a letter under Gen. Curtis' sign manual, in which he distinctly and unequivocally declares that he was and had been opposed to the President's proclamation. Having acted so as to make the people of Missouri believe up to that time that he was in favor of the proclamation, then, for the purpose of relieving himself from censure cast upon him, on the ground that he had asked for that proclamation to be applied to Missouri, that letter was written, stating that he was opposed to the proclamation; and the result of that letter was the taking back on the

Mr. HENDERSON. When did you get that part of the editor the declaration he had made letter anyhow?

Mr. DRAKE. Never mind that.

a few days before, and (made) an exculpation of Gen. Curtis of the charges that had been

preferred sgainst him. That was the first thing that led me to believe that he was playing a double part in the drama which was being enacted in Missouri. I satisfied myself from facts which I learned afterwards that he was not a proper man to administer the military affairs of this department, and I joined in the application to have him removed. I say this much in justice to myself, as my name has been coupled with this matter.

had contracted to pay both. Mr. Walbridge is now unable, from extreme debility, to attend the present session, and his place is supplied by Mr. Pitman from Cincinnati, who is now here, faithfully recording the proceedings of this Convention, constantly assisted, as I understand, by his wife, in transcribing the phonographic notes for the press. Mr. Walbridge was paid $12 per diem and mileage, but inasmuch as it takes three or four days to tran

Mr. SOL. SMITH. I think this discussion scribe the proceedings of one day, the remunehas gone far enough.

The PRESIDENT. The debate has digressed considerably, but I could not see the point at which an intervention could have been sooner effected in justice to the parties concerned. The PRESIDENT laid before the Convention the following telegram:

"ST. LOUIS, June 25. Hon. R. WILSON, President Convention: I have the honor to inform you that, after a personal examination of Mr. Vincent Marmaduke, I have ordered him to be sent beyond the lines of the United States forces, for disloyalty. (Signed)

J. M. SCHOFIELD, Maj. Gen." Mr. BRECKINRIDGE. I beg to move the adoption of the following resolution :

ration is not deemed sufficient. Reporters in the cities of the East are paid $25 per day, while legal and government reporting is paid for at the rate of twenty-five cents per folio of one hundred words. The compensation asked for in the resolution is extremely moderate, and when the amount of labor it represents is borne in mind, I think the assent of this body will not be withheld.

Carried.

Mr. RITCHEY, Chairman of the Select Committee, to whom was referred the case of A. S. Harbin, charged with disloyalty, reported in favor of his expulsion.

The report was agreed to, and a resolution expelling him adopted.

Mr. HITCHCOCK. I beg to offer the following resolution:

"Resolved, That the Committee on Accounts be instructed to allow Mr. Benn Pitman, offi"Resolved, That a Select Committee of five cial reporter for the Convention, mileage and be appointed, whose duty it shall be to take $15 per diem during the session of the Con- into consideration so much of the Governor's vention, to be paid in the same manner as the message as relates to the propriety of estabpay of the officers and members of the Con-lishing some tribunal for the trial of persons.

vention."

It will be remembered that at the first session of the Convention a committee was appointed, who entered into a contract with two gentlemen to make a phonographic report of the proceedings of the Convention. After the first session one of these gentlemen died, when Mr. Walbridge-whose unremitting industry and admirable reports all will remember-succeeded to his place and performed the able duty, the Convention paying him the price it 20

belonging to the armed bands of guerrillas, or bushwhackers, and to report thereon by ordinance or otherwise."

The Chair appointed Messrs. Hitchcock, Comingo, Douglass, Doniphan, and Ray, on

said committee.

Leave of absence was, on the request of Mr.
Schofield, granted to Mr. Hall of Buchanan.
On motion of Mr. RITCHIE, the Convention
adjourned to 9 o'clock, Friday morning.

ELEVENTH DAY.

JEFFERSON CITY, Friday, June 26, 1863.

Convention met at 9 o'clock.
President in the chair.

Prayer by the Chaplain.

The proceedings of Thursday having been read from the journal and approved,

Mr. How, on behalf of the committee to whom was referred the resolution in regard to Vincent Marmaduke, of the Sixteenth Senatorial District, said that the committee had deferred his examination till his arrival here, which was daily expected; but the communication received yesterday from the Command. ing General, informing us of Marmaduke's having been sent South, in consequence of his disloyalty, warranted the committee to ask the passage of the following resolution:

"Resolved, That the seat of Vincent Marmaduke, a Delegate from the Sixteenth Senatorial District, be and is hereby declared vacant."

Carried unanimously.

Mr. PHILLIPS. I rise for the purpose of offering a resolution, of which I gave notice yesterday morning:

"Resolved, That hereafter no member shall be allowed to speak longer at any one time, on any subject, than thirty minutes, without the unanimous consent of all the members present."

We have now been in session ten days, and the subject of emancipation has been very fully discussed, until, I presume, the mind of every member of the Convention whose judgment can be influenced at all by discussion is fully made up. It occurs to me that thirty minutes is sufficiently long for any gentleman to express any and all the views he may entertain upon any topic introduced here. I do not offer this resolution for the purpose of gagging de bate, but only to expedite business. I think the largest and fullest latitude has been given to the debate.

Mr. DRAKE. I have no desire, Mr. President, to discuss this resolution; but having taxed the time and attention of the Convention on the second day of the session with a full expression of the views I entertain on the subject of emancipation, and also, in the progress

of the debate, necessarily taxed their time and patience to a still greater extent, and considering that it is but once, probably, in the whole life of a State that its people have an opportunity, through their delegates, to deliberate upon so important a matter as is now before us, I, for one, cannot consent to shut down upon any gentleman who wishes to express his views on this great question to the fullest possible extent.

Mr. ORR. I cannot consent to vote for any such proposition. I think the question before the House is of too much importance to permit any such rule to be adopted. I hope this Convention will not restrict debate so long as members keep within the rules of order.

Mr. COMINGO. I move to amend, by striking out "thirty minutes," and inserting "one hour."

The amendment being put to the vote, it was lost.

The question being on the adoption of the resolution,

Mr. BIRCH. I certainly am as anxious as anybody to go home, but I cannot consent to the adoption of the resolution.

Mr. STEWART. I call for the ayes and noes. The result of the vote was-Ayes, 23; noes, 56.

Mr. JOHNSON. I beg to submit the following:

"WHEREAS on the 25th day of May, 1863, an election was held in the Twentieth Senatorial District for a Delegate to this Convention; and whereas, from the election returns, it appears that one Mr. Baker received twelve votes over and above the vote cast for one Mr. Devin; and whereas, from the poll books and evidence that can be had from a member of this body, that some twenty votes or more cast for said Baker are illegal, by reason of the said voters not being citizens of said district; therefore,

"Resolved, That a committee of three be appointed, whose duty it shall be to inquire into all the facts, and to report to this body at 9 o'clock to-morrow morning as to who is entitled to a seat in this body by reason of said election."

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