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but will go before the people and advocate its acceptance. I cannot believe, Mr. President, that thoroughgoing emancipationists, as those members profess to be, will stultify themselves by eventually voting against the only measure of emancipation which can be passed by this Convention. I therefore vote for submitting our work to the people, and hope to see the name of my colleague (Mr. Drake) recorded in favor of the ordinance of emancipation, to

from St. Louis (Mr. Drake's), or either of the others similar in principle, I should have been in favor of a non-submission; but seeing the conflicting views of gentlemen here upon this subject, and believing it to be so throughout the country, and knowing that many among my constituents and in my county are clamoring for immediate emancipation, I am now disposed to vote for the proposition to submit this question to the people in November next, believing it will give most satisfaction to the peo-gether with the names of the dozen and a half ple. I shall therefore vote aye.

Mr. HITCHCOCK (in explanation of his vote). I have desired to aid in carrying out some practicable and wise scheme of emancipation; but I fully believe, that, if the ordinance be submitted to the people, the several features of the plan are such as to make it almost certain that by a combination of parties of entirely different views it will be defeated, and I am not willing to take action which will prevent any result from the labors of this body. In order to prevent further trouble, I shall vote

no.

Mr. SOL. SMITH (in explanation of his vote). Yesterday I voted against the adoption of this amendment. A reconsideration having been carried, I now vote for it, and in doing so feel impelled to state the reasons for changing my vote. I have always been willing to trust the people; but when I saw, or thought I saw, a disposition on the part of a portion of our members to defeat emancipation because they could not have exactly their own way in framing the ordinance, that they seemed determined even to go before the people and urge the rejection of any ordinance not framed by themselves, thus uniting with pro-slavery men to defeat emancipation,—with the lights I then had before me I voted against the amendment authorizing a submission of the ordinance to a vote of the people for approval or rejection, fearing its rejection by the combination alluded to of pro-slavery men-men who are honestly opposed to all emancipation, and those members who profess to be strong emancipationists, while they have steadily voted against all plans but those proposed by themselves.

I have reflected on this matter very seriously since the vote was taken on this amendment

who seem to follow him in his opposition to every measure he does not favor; and 1 shall expect to see that gentleman, and other gentlemen who profess to be emancipationists of the most radical stripe, doing yeoman service on the stump in defending the action of the Convention.

If I should be mistaken in this; if, instead of voting for this ordinance, these gentlemen join the opponents of all emancipation in voting against the only emancipation measure that can be passed here; if, after doing all they can to defeat emancipation in this Convention, they go before the people and oppose the ordinance which we shall pass, (for it will be passed even if they withhold their sanction,) let me make a prediction-and I make it a set-off to the many predictions made by my colleague during this session: If the radical gentlemen vote against this ordinance-against emancipation in the only form in which it can be had they may expect to be politically buried

"Certain fathoms in the earth, And deeper than did ever plummet sound." There's a line of Shakspear for you, gentlemen, which seems to fit your case. I vote aye.

The amendment being put to the vote, the result was-ayes, 37; noes, 41.

Mr. GANTT. I move to reconsider the vote last taken, and lay the motion on the table. Carried.

Mr. HOUGH. I move to amend by adding to the ordinance an additional section, as follows:

"Section 7. Before any slave shall be manumitted under this ordinance, the owner thereof shall be paid a reasonable comyesterday, and have come to the conclusion pensation for such slave, out of money to that our radical friends, after doing all they be collected for that purpose by taxes to be can to make the ordinance under consideration levied upon all taxable property except as nearly perfect as possible, or as nearly in slaves; and it shall be the duty of the accordance with their views as they can, will General Assembly to make provision by vote for it on its passage, and not only that, | law for giving effect to this ordinance."

Mr. DRAKE. I call for the ayes and noes. The amendment was put to the vote, and negatived as follows-ayes, 35; noes, 42.

Mr. COMINGO. I offer the following amend

ment:

"After the passage of this ordinance, no slave in this State shall be subject to State, county or municipal taxes."

By way of explanation I would say, that, by the terms of the ordinance we have passed, we are depriving a class of men of a certain amount of property in their slaves. It is admitted on all hands, that we cannot make adequate compensation at present; I think, therefore, we ought to go as far as possible in relieving the masters in respect to that kind of property.

Mr. BIRCH. Though I contend, on principle, that all taxation should be equal, yet as the measure passed deprives so many loyal citizens of their most valuable property, I shall vote for this measure of justice.

Mr. DRAKE. I call for the ayes and noes. The question being put, it was carried as follows-ayes, 51; noes, 27.

Mr. HOUGH. I move to reconsider the vote just taken, and that the motion be laid upon the table.

Carried.

Mr. MOXLEY. I beg to submit the ing amendment to the ordinance:

of his duty; said bond to be approved of by the county courts transacting county business; and that said commissioner be required to pay over annually all moneys that may come into his hands into the State Treasury, in order that the said money may be appropriated for the purpose above men

tioned.

§ 4. And that the foregoing ordinance be submitted to the voters of this State at the general election to be held in November, eighteen hundred and sixty-four, for their ratification or rejection.

Mr. MEYER. I call for the ayes and noes. Mr. SAYRE. The plan proposed is in its essential features the same that Mr. Clay recommended to the people of Kentucky in the winter of 1848-9, and it is what I should now be most happy to see carried out in Missouri. Such a measure as this provides for the real needs of the slaves, and, instead of turning them loose upon society, to be a burden to the State, it prepares them for liberty, and they are taken to a place where their comforts and wants will be secured. It is well known that Mr. Clay was what you would now call an emancipationist, or an abolitionist; for in Richmond, Virginia, he proposed anti-slavery resolutions, some of which were stringent enough to suit Worfollow-cester in Massachusetts. In 1849 his views remained unchanged, and he recommended to Missouri that we should adopt some such measure as that now proposed. It was his life-long wish to remove the system of slavery, and he labored to the extent of his ability to accomplish this end in the border States. I suppose no person was better able to form a correct opinion and to arrive at just conclusions upon this subject, and certainly no one could have been more sincerely in earnest than Mr. Clay. I hope, therefore, the measure proposed will meet with the approval of this Convention.

§ 1. All slaves born previous to the first January, eighteen hundred and sixty-five, shall remain slaves during their natural lives, and all slaves born after that time to remain slaves until they arrive at the age of twenty-one years.

§ 2. That it shall be the duty of the Legislature to pass an act so as to authorize the county courts throughout the State to appoint a county commissioner in each county throughout the State, whose duty it shall be to hire out said slaves made free by this act for the term of three years after they shall have arrived at the age of twenty-one, in order to create a sufficient fund for their deportation to some colony, and to give them an outfit after they arrive at their destination.

§ 3. Said commissioner to give bond and good security for all moneys that may come into his hands arising from the hire of said slaves, as well as for the faithful discharge

The amendment being put to the vote, it was negatived as follows-ayes, 25; noes, 51.

Mr. HOLT. I desire to submit the following

Amend by striking out section two, and inserting in lieu thereof the following:

"On and after the first day of November, eighteen hundred and sixty-six, slavery and involuntary servitude, except for the punishment of crime, shall not exist in this State, save as herein provided. All persons held as slaves in this State on that

day shall then cease to be slaves for life, and they and their issue thereafter born shall be the servants of their owners thenceforward until the fourth day of July, eighteen hundred and seventy-six, when they shall be free; and between the said named dates, such servants shall not be removed by their owners beyond the limits of the State, but the right to their services during the said period may be transferred to any person living in this State; and the General Assembly shall make such laws as may be necessary and proper touching the relation of master and servant in such cases, so as to secure to such masters the enjoyment of such service, and to such servants humane and proper treatment."

Mr. DRAKE. I call for the ayes and noes. The amendment having been put, it was negatived as follows-ayes, 27; noes, 48.

Mr. DUVALL. I beg to offer the following amendment:

no power to pass laws to emancipate slaves without the consent of their owners.

Mr. MEYER. I call for the ayes and noes.

Mr. DUVALL. The relation that the amendment bears to the ordinance before the House will be very clearly seen. The amendment introduced by the gentleman from St. Louis, (Mr. Broadhead,) fixed the year 1870 as the period at which slavery should cease; and fixes a period thereafter for servitude—those over forty to be servants for life; those under twelve to be servants till they are twenty-three; and those over twelve to be servants till 1876. Now there is an essential difference between that proposition and the one now before the House; for to say that the slave shall be free at forty, but shall remain under the control of the master, is doing some injustice to the slave. I think it is better to make the owner keep him as a slave while he lives, and this course is more likely to avoid all difficulty and vexation. This proposition says slavery and invol untary servitude shall cease on the fourth July,

Amend by striking out all after section 1870, in the manner set forth, to wit: those one, and insert the following:

Sec. 2. That slavery and involuntary servitude, except for the punishment of crime, shall cease to exist in Missouri from and after the fourth day of July, eighteen hundred and seventy, according to the provisions hereinafter provided, to wit: All slaves over forty years of age, on the said fourth day of July, eighteen hundred and seventy, shall remain slaves for and during their lives; and all slaves under twelve years of age at said fourth day of July, eighteen hundred and seventy, shall remain slaves until they arrive at the age of twenty-four years, respectively; and those of all other ages shall remain slaves until the fourth day of July, eighteen hundred and seventy-six.

Sec. 3. No law imposing restrictions upon the sale of slaves in this State, or the removal of slaves from this State, shall be passed by the Legislature at any time prior to the fourth day of July, eighteen hundred and seventy-six.

Sec. 4. No future assessments of slave

over forty shall remain slaves for life; those under twelve on fourth July, 1870, till they are twenty-four years of age; and those of other ages till fourth July, 1876. The other provisions declare that the Legislature shall have no power to pass laws restricting the sale of slaves or their descendants out of the State at any time prior to 1876; because in this provision it gives the master control over all till 1876. I need to say nothing with respect to section four, save that if you are going to take the slave property away from the owners, it is but right that that property should be free from taxation.

On being put to the vote, this motion was negatived, as follows: Ayes, 25; noes, 49.

Mr. HITCHCOCK. I offer the following amendment: Strike out from section two "provided, however," and all the words there. after following to the end of the section.

It is well known that I have supported and advocated early emancipation with apprenticeship, but I think 1870 too late a period to add a system of apprenticeship to it.

Mr. MEYER. I call for the ayes and noes. Mr. BIRCH. I voted the other day against the apprenticeship system, and against the amendment which cut down 1876 to 1868 with apprenticeship, giving my reasons for having Sec. 5. The General Assembly shall have them slaves for life as long as they remain

property shall be made in this State, and taxes now assigned against said property shall not be collected.

among us. I voted for the proposition of the gentleman from Lincoln, which provided for their deportation, and I now vote against this because it proposes to free them in 1870 and leave them amongst us.

Mr. BUSH. I shall vote for this amendment. True it strikes out a system of servitude which I favored, but I favored it only in connection with immediate emancipation, and I proposed it in my own ordinance no further than up to the year 1870. I am glad to have an opportunity of voting for this amendment, which ends slavery in 1870, a proposition for which we were never before allowed to vote without a system of servitude up to 1874 or 1876 being attached thereto. This seemed to be at first the favorite plan with many members; I hope they will not vote against it now.

Mr. FOSTER. You will remember, sir, that when I voted for the amendment of the gentleman from St. Louis, I did so under protest against the system of apprenticeship that was attached to the date 1870. I desire to have

1870; but whatever date this body may fix upon, if it be as late as 1875 or 1876, whenever emancipation takes place, I want slavery and involuntary servitude to cease. I do not wish to pretend to do a thing and yet not do it. I do not regard this amendment as amounting to anything in point of fact.

Mr. HALL of Randolph. When the committee was acting on the subject of emancipation, I concurred with the majority of that committee in their report for 1876. I was opposed to that period; I was in favor of a longer one, but I was induced to concur in that because they in return made concessions to me. It was a compromise, and I labored earnestly to induce gentlemen to vote for the ordinance as reported, and thus obtain that union of action necessary to carry the measure. Although I was opposed to it, I yielded, hoping and expecting that other gentlemen who were not in favor of some of its features would make like concessions. I vote no.

Mr. HITCHCOCK. I wish to ask the gentleman from Randolph if he has understood from me that I was directly or indirectly bound to support the proposition of the committee?

Mr. HALL. I know of nothing to impli cate the gentleman from St. Louis.

Mr. HOWELL. After it was ascertained

that probably the ordinance as reported by the committee would not be passed, and to prevent its entirely failing, and for this Convention to dissolve without doing anything, and believing there might be some measure that this Convention might harmonize upon, I yesterday evening offered a modification of the committee's report, and a vote was about to be taken, when I was earnestly desired by the gentleman from St. Louis (Mr. Broadhead) to withdraw it and permit his to be offered as a compromise, on which the Convention might agree.

Mr. BROADHEAD. I am in favor of 1870, but I wish the Convention to accomplish something, and I am opposed to throwing this whole thing into confusion. I shall vote no.

Mr. HOWELL. I hope other gentlemen will act in the same spirit of concession and compromise; if gentlemen do, we shall accomplish something; if they do not, it is proba ble we shall fail to accomplish anything. I warn gentlemen not to strike this proviso outnot in the spirit of menace at all; and I say "warn," only because I believe if they vote this proposition down, it will be the means of defeating any measure that may hereafter be proposed.

The question being put to the vote, it was negatived, as follows: Ayes, 23; noes, 50. Mr. WELCH. I move the previous question.

The question being "shall the main question be now put?" it was decided in the negative.

Mr. BROADHEAD. If it be in order, I now move that the ordinance, as amended, be printed, and made the special order for tomorrow morning at 8 o'clock. Carried.

Mr. BIRCH. I beg to present a substitute, to be made the special order for to-morrow.

On motion of Mr. BRECKINRIDGE, the Convention adjourned to meet on Wednesday, at 8 o'clock.

FIFTEENTH DAY.

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Mr. Long asked and obtained leave to record his vote in the negative on the proposition of Mr. Drake, on the subject of referring the ordinance of emancipation to the people.

Mr. HOUGH. I move to reconsider the vote

first election which shall be held after the restoration of peace, a column headed "emancipation," and andjoining column headed "anti-emancipat ion ;" and to make returns to the Secretary of State of the number of votes given for each proposition.

Sec. 2. If a majority of the votes thus given shall be in favor of emancipation, it shall be the duty of the Governor to appoint, by proper public proclamation, that on a day to be therein designated, (and not to exceed one hundred days from the date

providing compensation for the slaves freed of said proclamation,) an election will be

by the emancipation ordinance.

Mr. GANTT. I rise to a point of order. The PRESIDENT. The question is on reconsidering the vote providing for compensation. Mr. DRAKE. I ask for the reading of the

amendment.

holden in each Senatorial District for the purpose of electing delegates therefrom to a State Convention.

Sec. 3. Each Senatorial District shall be entitled to elect a number of delegates to the said Convention equal to the number of Senators to which it may be entitled in

Mr. Hough's amendment was read by the the General Assembly, and the said elec

Clerk.

Mr. GANTT. I move to lay the motion to reconsider on the table.

Motion adopted.

Mr. BRECKINRIDGE. I beg to state that I have prepared, and have in my pocket, some resolutions, which, if the ordinance now under consideration be adopted, I shall offer, praying Congress to make suitable compensation to loyal slave owners who, under its provisions,

shall lose their slaves.

On Mr. Hough's amendment being put to the vote, the result was-ayes, 46; noes, 31.

Mr. BIRCH. I ask the Clerk to read the substitute for the ordinance of emancipation I presented yesterday.

SUBSTITUTE FOR THE ORDINANCE NOW
PENDING.

In order to ascertain the sense of the people in respect to the institution of domestic slavery,

tions shall be held, conducted, and decided in the same manner as in the election of Senators.

Sec. 4. The Convention thus elected shall

have authority to propose amendments to the Constitution of this State in respect to the institution of domestic slavery, and to submit the same for the ratification or reof the State. If a majority of the votes jection of a majority of the qualified voters shall be in favor of ratifying such amendgiven at an election to be thus provided for, ments as may be proposed by the said Convention, they shall become part and parcel of the Constitution; but if otherwise, they shall be null and void.

Sec. 5. The voters in the elections aforesaid, and ever afterwards, shall be thus entitled to vote under the tenth section of

the Constitution of this State. The delegates to said Convention shall possess the

It is ordained by the Convention of the qualification of Senators; and until there State of Missouri, as follows:

Section 1. It shall be the duty of the clerks of the several county courts in this State, to insert in the poll books for the

can be a submission to, and a decision by, the people of the State, as provided for in this ordinance, no other action shall be taken,by any of the authorities thereof.

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