can get it on. I admit, Mr. President, that laws and constitutions for a State, like garments for an individual, may need repairs and renovation; I only wish to guard against a fickleness and wastefulness that will both disturb and impoverish our people; against a suddenness of change in national affairs that may inaugurate disorder, when we intended it should be the prelude to peace, prosperity, and harmony. Is not this the course to which we are urged by our President? The course that Clay and Jefferson urged? Is it not the course that our true patriots, living and dead, would have us take? Let us gradually accustom our people to the wished-for change in our social institution. Let us then act with a consciousness of the responsibility with which we are entrusted, and with a deliberation befitting a question, the decision of which may affect our people for all time to come.

On motion of Mr. Howell, the Convention adjourned to 3 o'clock P. M.

AFTERNOON SESSION.

The Convention met at 3 o'clock.

On motion of Mr. DRAKE, the special order was postponed, in order to take up Mr. Marvin's substitute to the ordinance offered by Mr. Gantt in relation to changing the time for hold. ing the election of Judges of the Supreme and Circuit Courts, which is as follows:

Be it ordained by the people of Missouri, in Convention assembled, as follows: Section 1. That so much of the sixth and seventh articles of the amendments to the

Constitution of this State, ratified at the session of the Legislature of 1850 and 1851, as provides that the elections of Supreme and Circuit Court Judges shall be held on the first Monday in August, 1851, and on the first Monday in August every six years thereafter, is hereby abolished.

Sec. 2. The first general election for Supreme and Circuit Court Judges hereafter to be held under said amendments to the Constitution shall be on the Tuesday next after the first Monday in November, 1863, and on the first Tuesday next after the first Monday in November every six years thereafter, any law, constitution or ordinance of this Convention to the contrary notwithstanding.

Mr. DRAKE offered the following amendment:

"Sec. 3. Whatever elections of judges or clerks of courts, and other officers, may now be fixed by law or by order of any court for the first Monday of August, 1863, shall be held on the Tuesday next after the first Monday of November, 1863."

Mr. PIPKIN. I beg to offer an amendment. Amend, by striking out "1863," and insert "1864." My object being to postpone so as to bring on these elections at the next general election. I am of opinion that our elections are held too frequently.

Mr. DRAKE. When these constitutional amendments were adopted making the elections by the people, the time was fixed in the odd year, to avoid the very thing which the gentleman wishes now to accomplish that is, to keep the judicial entirely separate from the political. I think it is a wise policy, and I hope we may continue to adhere to it.

The amendment was put to the vote and negatived.

The ordinance, with Mr. Drake's amendment, was put to the vote ard carried.

The PRESIDENT. The Convention will now

proceed to the special order of the day, and the question is on agreeing to the amendment offered by the gentleman from Greene.

Mr. ORR. We have changed the Constitution of Missouri by 15 votes. I propose this amendment in good earnest. I do it because I am in favor of the Constitution of my country. I am not in favor of seeing it overridden. When this Government was framed, it was intended it should take at least four years to change it. The gentleman from St. Louis, without intending to accuse me of improper motives, says that Mr. Wright had used the same arguments that I used. If this means anything it means that I am in the footsteps of Wright, and that I am on the road to Dixie. I took the position yesterday that there was a difference between a people who had a government and a people who had none, and that the inherent right was in the people before they had a government. The people delegated certain powers to the Congress of the United States, and the powers they gave they have not now got themselves. They delegated other powers to the Legislature of Missouri. Those powers they delegated have they now got themselves? Certainly not. One of the powers they gave to the Legislature was to change

the Constitution of Missouri in a certain way. Now, we claim that we are the people, and have the right to change the Constitution. For us to do so would be to abrogate all constitutional rights. It was intended that it should be done only by a two-thirds vote at two consecutive Legislatures. And now we come up here and propose to do it by a mere majority. There is neither law nor reason in it.

There are two events of my life of which, Mr. President, I feel proud-one is voting against inviting the Georgia Commissioner here; and the other is trying to prevent an unlawful change in the Constitution of Missouri, and I hope, Mr. President, to prevent this body from carrying out the proposed change. I expect to do no more important act in my life than to prevent this thing, which, if done, will bring difficulties up that will have to be settled when you and I are dead.

Mr. DRAKE moved a call of the Convention, when 79 members answered to their names, the following being noted as

ABSENT-Messrs. Collier, Comingo, Givens, Gravelly, Jackson, Maupin, McFerran, Moxley, Phillips, Redd, Ritchey, Ross, Sawyer, and Vanbuskirk.

Mr. Hall of Buchanan absent on leave.

vention in regard to the system of apprenticeship as intended to be offered in the ordinance I had the honor of submitting to the Convention.

Mr. WELCH. I move to lay the motion on the table, and call for the ayes and noes. Ayes, 50; noes, 33.

The question now being on agreeing to the substitute of Mr. Breckinridge, the ayes and noes were called for by Mr. Drake.

Mr. BRECKINRIDGE. As the ordinance now stands, am I at liberty to withdraw it, Mr. President?

Objection expressed on the part of several members.

The PRESIDENT. The amendment cannot be withdrawn without the consent of the Convention.

Mr. BRECKINRIDGE. I appealed to the courtesy of the House, as I think I was entitled to do, to permit me to relieve the ordinance of certain features engrafted on it by amendments that might make it less acceptable to the Convention. The Convention was entirely at liberty to refuse. I desired a test vote on the system of apprenticeship. On this vote, this test cannot be had. I shall vote aye, not expecting the ordinance to be adopted in its present form; but were it permitted, such

The question being on agreeing to the amendment offered by Mr. Orr (to strike out the first section of Mr. Breckinridge's amendment), it was negatived as follows: ayes, 36; noes, 46; the ayes and noes having been called for by

Mr. Orr.

Mr. SOL. SMITH. I voted against striking out because it would destroy the symmetry of the amendment; nevertheless, I intend to vote against the amendment itself.

Mr. MARVIN. I move a reconsideration of the vote upon which the amendment offered by the gentleman from Cedar (Mr. Gravelly) was agreed to.

Mr. BRECKINRIDGE. I am not only willing but anxious to vote for compensation, if any method can be devised by which we can provide the money necessary. I do not myself see how it can be done; but if it can be done, I am sure I shall be very glad to aid in its accomplishment. But I ask for a reconsideration of the vote, because, as the substitute now stands, with the amendment of the gentleman from Cedar, it will, 1 think, be impossible to ascertain the feeling of members of the Con

make it acceptable to the Convention.

Mr. BUSH (in explanation of his vote).— While I voted against the amendment for compensation, it was by no means that I am against compensation if it can be made practicable. I am only opposed to making false promises. I did not think it could possibly be fulfilled, and therefore I voted against it. I shall vote aye on the bill as it now lies, knowing it will not pass, to express my main sentiments on the bill.

Mr. NOELL. I had intended to vote for Mr. Breckinridge's substitute; but with the amendment attached to it, and the manner in which it has been attached, and believing it would be impossible for our State to compensate slave owners, and especially at such extraordinary prices as mentioned in the bill, I shall vote no.

The vote on Mr. Breckinridge's substitute, as amended, was as follows:

Ayes, 7; noes, 76.

The following members voted in the affirmative: Messrs. Allen, Breckinridge, Bush, Gravelly, Jackson, Linton, and McCormack. The question then recurred to the original

ordinance reported by the Committee on Emancipation.

Mr. WOOLFOLK. I have an amendment which I desire to offer. It is a new section, as follows:

6

"Section 6. That at the election to be held for State officers on the Tuesday next after the first Monday of November, A. D. 1864, the several clerks of the county courts, or, in case said clerks fail, then the judges of election, shall, in preparing the poll books for election, enter there on two columns, one headed for emancipation,' and the other against emancipation;' and if the majority of the legal votes given be for emancipation, then sections 1, 2, 3 and 4 of this ordinance shall take effect and be in full force; but if the majority of legal votes given be against emancipation, then sections 1, 2, 3 and 4 of this ordinance shall be null and void; and when the result of the election shall be ascertained, the Governor of the State shall, by proclamation, announce the same."

I propose to submit this amendment without discussion. It proposes to submit the entire ordinance with the exception of the 5th clause, which provides that the General Assembly shall have no power to pass laws on this subject. I think that sufficient has been said here to show that this slavery agitation will never cease till we have had a full, fair vote upon the question by the people. Some have been in favor of an earlier date, but I am in favor of the election of 1864, as I think that by that time quiet will have been restored to the State, and the whole question can then be fairly discussed by those who will be candidates for office. There is an additional reason, namely, that at that election the members of thee General Assembly and Congressmen will be elected.

Mr. ALLEN. I move to strike out "1864," and substitute "1863."

Mr. DRAKE. I would inquire of the gentleman from Livingston if he would temporarily withdraw his amendment to give those gentlemen who are in favor of early emancipation the privilege of proposing earlier dates, simply to allow the House to pass upon them.

Mr. WOOLFOLK. I would prefer this amendment being voted on now, though I very much wish to oblige the gentleman.

Mr. DRAKE. As our amendments are simply as to earlier dates, and nothing else, I feel

it would be an accommodation if the gentleman from Livingston would permit us to try earlier dates, and so get them out of the way.

Mr. WOOLFOLK. Would not the same end be attained by voting on this amendment now? No, sir, I cannot withdraw it.

Mr. DRAKE. I would suggest that, instead of "1863," the amendment should include the words "Tuesday next after the first Monday in November, 1863."

Mr. ALLEN. I accept the suggestion. Mr. MEYER. I call for the ayes and noes. The vote on the amendment resulted as follows:

AYES-Messrs. Allen, Baker, Bogy, Bonnifield, Broadhead, Bridge, Bush, Drake of St. Louis, Eitzen, Foster, Gantt, Gravelly, Hitchcock, Holmes, How, Irwin, Isbell, Long, McClurg, McCormack, McDowell, Jackson, Leeper, Lindenbower, Linton, McLean, Meyer, Morrow, Noell, Rankin, Schofield, Scott, Shanklin, Smith of L., Smith of St. Louis, Stewart, Walker, and Vanbuskirk-38.

NOES-Messrs. Bartlett, Bass, Bast, Birch, Breckinridge, Calhoun, Cayce, Deal, Duvall, Doniphan, Douglass, Drake of M., Dunn, Flood, Gamble, Gorin, Hall of R., Henderson, Holt, Hough, Howell, Jamison, Johnson, Kidd, Marvin, Matson, McFerran, Moss, Norton, Orr, Phillips, Pipkin, Pomeroy, Prewitt, Ray, Ross, Rowland, Sayre, Shackelford of H., Shackelford of St. L., Sheeley, Waller, Welch, Woodson, Woolfolk, and Mr. President-47.

Mr. HENDERSON. I learn that Gen. Schofield is in the city; I therefore move to postpone the pending order, to make a motion that he be invited to take a seat on the floor of the Hall.

Agreed to.

Mr. HENDERSON.

I move that a Committee of three be appointed to wait upon Gen. Schofield to inform him of the decision of the Convention.

The Chair appointed Messrs. Henderson, Hall of R., and Phillips.

The question being on the amendment of Mr. Woolfolk,

Mr. ALLEN (in explanation of his vote).Seeing there is a difference of opinion in reference to the constitutionality of our action on the emancipation question, I favor its submission to the people. I vote aye.

Mr. BUSH. Though I am in favor of submitting the ordinance to the people, I think it unwise to leave it till 1864. I vote no.

Mr. DRAKE. It is a mighty bitter pill to swallow, sir; but I am determined, so far as

my vote is concerned, that whatever emanates from this Convention shall go before the people for their ratification, and if I cannot get it in 1863 I will accept it in 1864.

Mr. FOSTER. I desire to say, sir, that I cannot favor any scheme of emancipation that is not submitted to the people, though I would have desired its being done at an earlier date. I vote aye.

Mr. IRWIN. I think the people of this State do not desire to be agitated from centre to circumference upon this question under the present circumstances. I vote no.

Mr. LEEPER. I am in favor of submitting all propositions to the people, but I would like to have the election in 1863. I therefore

vote no.

Mr. MEYER. I am, like my colleague (Mr. Leeper), in favor of the election in 1863; but if I cannot have it before 1864, I vote for that. Mr. SOL. SMITH. I am in favor of submitting our action to the people, but I object to postponing it to November, 1864. No good is attained by so doing, and it only keeps open this eternal agitation. I vote no.

Mr. Woolfolk's amendment was adopted by the following vote:

AYES-Messrs. Allen, Baker, Bartlett, Bass, Bast, Birch, Bogy, Calhoun, Cayce, Deal, Duvall, Doniphan, Drake of Moniteau, Dunn, Frayser, Flood, Gorin, Gravelly, Henderson, Holt, Hough, Howell, Isbell, Jamison, Johnson, Kidd, Lindenbower, Linton, Matson, McCormack, McDowell, McFerran, McLean, Morrow, Moss, Norton, Orr, Pipkin, Pomeroy, Prewitt, Rankin, Ray, Ross, Rowland, Sayre, Shackelford of H., Shackelford of St. Louis, Shanklin, Sheeley, Vanbuskirk, Walker, Waller, Welch, Woodson, Woolfolk, and Mr. Presi

dent-56.

of this character to the people; but I am led to avow, in the face of the representatives here, that I do not wish to present this proposition to the people under existing circumstances. I am willing to take the consequences. It is my deliberate opinion that the people of Missouri do no expect us to submit this proposition to them. We have had turmoil and confusion long enough in the State. We can adopt such measures as will be as acceptable as if they had acted. You cannot expect to get an expression from the people on the subject of emancipation by submitting any particular ordinance to them. Those who are in favor of emancipation with apprenticeship will vote against and defeat it, by combining with its enemies, by objecting to some particular feature. who are in favor of the report of the committee will vote with its opponents for the same reason. My opinion is, that, if you submit it to the people, it will either be defeated, or else you will bring upon the State another excitement upon the negro question, that will perhaps end in something worse than the destruction of slave property, and perhaps a war at the polls. This I desire to avoid. Already one-third of the negroes have gone, and if we appeal again to the people another excitement will ensue; and I ask you, how much of slavery will be left in the State when the excitement is over?

Those

Mr. WOOLFOLK. I move to lay the motion to reconsider on the table. My object in submitting it to the people is to prevent agitation. The radical presses of the State have already begun to charge us that we desire to pass an act of emancipation without submitting it to the people. I want to put an end to their clamor. If we prolong the existence of slavery until 1876, and fail to submit it to the people, we do not suppress but increase agitation.

-29.

The following members changed their votes from aye to no: Messrs. Drake of M., Foster, Bonnifield, Jackson, McClurg, Meyer, Shackelford, and Smith of Linn.

The following members changed their votes from no to aye: Messrs. Henderson and Matson. Mr. HENDERSON. I changed my vote merely for the purpose of moving a reconsideration. Under ordinary circumstances I would be slow to refuse to submit any proposition

Brown, and others, made their appearance, when the Convention took a recess of fifteen minutes. During the interim Gen. Schofield received the congratulation of members, after which the Convention was called to order.

Mr. HALL. I desire an adjournment, as we have arrived at a point at which if we do not act with extreme caution we shall bring trouble and disaster upon the State. I move we adjourn to Saturday morning, 10 o'clock.

Mr. BIRCH. I call for the ayes and noes.
Ayes, 39; noes, 47.

Mr. HITCHCOCK. I move to adjourn to Saturday morning, 9 o'clock. - Carried.

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

Prayer by the Chaplain.

The journal of Friday's proceedings having been read and approved,

Mr. LINDENBOWER submitted "An ordinance to provide for supplying the vacancy existing in the office of Judge of the Fourteenth Judicial Circuit," and remarked: There has been a vacancy existing in the Fourteenth Judicial Circuit since January last, and no courts have been held in that circuit other than what have been held by the judges of other circuits. Our jails are filled with prisoners, and business is generally behindhand. The Governor, I understand, is willing to fill the vacancy, if the Convention should sanction it. Carried unanimously.

Mr. Bogy, from a Select Committee, made the following report:

"The committee to whom was referred the

petition from the people of St. François county, praying that an ordinance be passed by the Convention authorizing the issue of Treasury warrants by the Governor, for the purpose of paying the Enrolling officers, having had the same under consideration, have instructed me to report the same back, and recommend that it be referred to the next session of the General Assembly of the State of Missouri."

The report was read and adopted.

Mr. SAYRE. I move to take up the ordinance, of which I gave notice a few days ago, appropriating $50,000 for the care of the sick and wounded soldiers of Missouri.

I will not, Mr. President, occupy the time of the House in urging the claims of a measure whose necessity I believe will be admitted by all. But I would, at this particular season, call attention to the situation of our troops before Vicksburg, as well as on the frontier. The weather is very warm and oppressive there, and our troops will be subject to dangerous diseases incidental to the position and circumstances in which they are placed. The call is eminently proper because it is urgent,

and I hope it will be passed without opposition.

Mr. STEWART. I move to strike out $50,000 and insert $100,000.

Mr. MEYER. I move that the subject be referred to a Special Committee of three.

Carried unanimously.

Messrs. Sayre, Meyer and Phillips were appointed said committee.

Mr. STEWART. I move that this Convention do now adjourn sine die.

Mr. BIRCH. Upon that question I call for the ayes and noes; so that if this body should so determine, we may be allowed to proceed uninterruptedly with our business.

Mr. GANTT. I hope the gentleman from Clinton will withdraw his request for the ayes and noes.

Mr. DRAKE. I shall renew it, should it be withdrawn.

The result of the vote was, ayes, 16; noes, 70. Messrs. BUSH and LEEPER desired to change their votes from no to age.

Mr. POMEROY asked for a suspension of the

special order of the day, to introduce an ordi

nance pertaining to the Probate Court of Crawford county; which was disagreed to.

The special order for the day was then resumed, namely, Mr. Woolfolk's motion to reconsider the vote agreeing to his amendment to the original report of the Emancipation Committee.

Mr. DRAKE. I call for the ayes and noes. Mr. ORR. The gentleman from Livingston proposes to add a new section to the report of the Committee on Emancipation, submitting the question to the people in 1864. Now, I think the gentleman from Pike has made the most sensible proposition of any yet made by any Abolitionist since we met, and that is, if we are to abolish slavery, it is certainly the safest thing not to submit the measure to the people for their ratification, notwithstanding it has been avowed here that nothing would give satisfaction to the people that was not The gentleman says, in submitted to them. effect, they might not adopt it, after all, if we did; and I think this is a very sensible conclusion to which he has come. I profess to know something of the will of the people. I occupy