AN ORDINANCE TO PROVIDE FOR CERTAIN AMENDMENTS TO THE CONSTITUTION AND FOR EMANCIPATION OF SLAVES. 1. The position of our national affairs, the preservation of the Union, the prosperity of this State, its future peace and Be it ordained by the People of the State of security, and the interest of the slave 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 free. 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. MINORITY REPORT OF THE COMMIT TEE ON EMANCIPATION. [Made the special order for June 24, 1868.] 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 all emancipationists, to yield his preferences, 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. owner, 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 The undersigned will state only the prin- from which he has been unable to agree to cipal points of difference: the report presented by the committee, the AN ORDINANCE TO PROVIDE FOR CERTAIN AMEND- Be it ordained by the People of the State 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 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. 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 66 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. AN ORDINANCE TO PROVIDE FOR CERTAIN [Made the special order for June 29, 1863.] Be it ordained by the People of the State of 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. 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 Sec. 4. All slaves removed by consent of against the importation of any negro or their owners to any seceded State after the mulatto. passage by such State of an act or ordinance Sec. 4. No future assessment of slave of secession, and hereafter brought into Sec. 3. That all slaves hereafter brought into this State, and not now belonging to citizens of this State, 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. this State by their owners, shall thereupon emancipation, were the owners of the slaves be free. thereby freed, shall, during the period for which the services of such freed men are reserved to them, have the same authority and control over the said freed men that are now held absolutely by the master in respect of his slave: Provided, however, that after the said fourth day of July, eighteen hundred and seventy, no person Amend section two by striking out the words "fourth day of July, eighteen hundred and seventy-six," and inserting in lieu thereof the words "first day of November, eighteen hundred and sixty-eight," and by adding to said section the words following: "Provided, that all slaves emancipated by this ordinance shall remain under the control, and be subject to the authority of their owners, during the following periods, to wit: those over forty years of age, for and during their lives; those under twelve years of age, until they arrive at the age of twenty-three years; and those of all other ages, until the fourth day of July, in the year eighteen hundred and seventy-four." AN ORDINANCE [INTRODUCED] TO PROVIDE FOR CERTAIN AMENDMENTS TO THE CONSTITUTION AND FOR EMANCIPATION OF SLAVES. [Made the special order for Wednesday, July 1, 1863.] Be it ordained by the People of the State of 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; and all slaves within the State at that day are hereby declared to be free: Provided, however, that all persons emancipated by this ordinance shall remain under the control, and be subject to the authority of their owners, as servants, during the following periods, to wit: those over forty years of age, for and during their lives; those under twelve years of age, until they arrive at the age of twenty-three years; and those of all other ages, until the fourth day of July, eighteen hundred and seventy-six. The persons, or their legal representatives, who, up to the moment of so held to service shall be sold to a non resident of, or removed from, the State of Missouri by the authority of his or her late owner, or his legal representative. 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. Sec. 6. After the passage of this ordinance, no slaves in this State shall be subject to State, county or municipal taxes. WITHDRAWAL OF RESIGNATION BY GOV. GAMBLE. EXECUTIVE MANSION, JEFFERSON CITY, July 1, 1863. Gentlemen of the Convention : Your committee presented me, on the evening of the 27th ult., your resolution in which you request me to withdraw my resignation of the office of Governor which I communicated to you on the first day of your present session. This manifestation of continued public confidence, after two years of a stormy and difficult administration, cannot be otherwise than exceedingly grateful to me. The reason which I assigned for tendering my resignation was, that I had been chosen by you to the position of Governor at the time when the only danger we apprehended was that of being overrun and subdued by the soldiery and supporters of the rebel confederacy-that such danger was now over, and the condition of Missouri was fixed as a loyal State in the Union. In other words, all that you had asked me to do had been performed, and therefore I was at liberty to consult my own feelings and retire from office. The request contained in your resolution involves the idea that I am to undertake a new labor-that labor can be nothing less than that I shall endeavor to restore order and the supremacy of civil government over the discordant elements at work within the State. It may be difficult to accomplish the task. It can be accomplished only by the earnest, hearty co-operation of all who are interested in the real welfare of the State. In this work there is no room for the influence of party spirit. The discord of a family must cease when their dwelling is on fire, until they have extinguished the fire. When the State is restored to internal quiet, we may resume our party disputes about men and measures. In times of peace, such disputes are not dangerous, but rather tend to the purity and permanence of the Government. demand upon me is entitled to great consideration, because it is the expression of the judgment of a majority of the body with which I have heretofore acted with perfect harmony. Added to that are the numerous requests of citizens in different parts of the State. Still further, it is the judgment of the Commanding General of this department that my services will be of great value to him in aiding him in his work of pacifying the State. And yet again, I called you together to devise and adopt a scheme upon which our slaves are to be emancipated; and you have performed the duty, and made in the name of and for the people a sacrifice, the magnanimity of which has not often been witnessed in the history of nations. I have taken part in your deliberation and action upon this great question, and during its progress I made the declaration in your presence, that if some scheme was not adopted, I could not consent to hold office; thereby giving a kind of assurance that I would continue to act if you would adopt a scheme of emancipation. And this occurred after your resolution was passed, and designed to gain some support to the cause of emancipation. To some extent I may be understood to have committed myself to continue in office, at least while the State is disturbed, and the administration of ordinary civil government is interrupted. I always try to redeem my pledges. I therefore withdraw my resignation, and will again involve myself in the cares and per The work of restoring order within the State is one which will subject me to even more vile and unmeasured calumnies, which have been continually heaped upon me ever since the people lost their fear of being overcome by the rebels. In patient silence I have borne these assaults in the past, with the means of easy vindication in my possession; and if it is my duty to the State to continue to expose myself to the detrac-plexities of office; not to be, as the sagation of bad men, I must encounter their attacks in the path duty points out. shall never move me from that path. Is it, then, my duty to the State to continue in office until quiet is restored? Your They cious President of the United States regards INDEX TO APPENDIX. Convention Ordinances passed at the Session commencing June 15, 1863. Petitions, Reports of Committees, Proposed Ordinances, Communications, &c. 5 5 6 ...... 6 6 Resignation of R. A. Brown, Delegate from ........ .................. ...... ...... ...... ...... ........ 7 8 Cass county Petition from loyal citizens of Pettis Co. 7 Report of Committee on ordinance to organize new county Resolutions concerning the printing and distribution of Journal, Proceedings, &c., of the present session of the Convention.. 8 An ordinance organizing the County of Lyon An ordinance to provide for certain amendments to the Constitution, and for the emancipation of slaves. (By Mr. Breckinridge.) ... An ordinance for the emancipation of slaves in the State of Missouri. (By Mr. Foster.) ............ .... An ordinance for the emancipation of slaves. (By Mr. Sol. Smith.) .................... 10 ....... .......... 11 An ordinance for the abolition of slavery in Missouri. (By Mr. Douglass.)...................... 10 An ordinance to provide for certain amendments to the Constitution, and for the emancipation of slaves. (By Mr. Baker.) 10 An ordinance to provide for submitting to the people of Missouri certain amendments to the Constitution, and a scheme for the abolition of slavery in the State. By Mr. Woolfolk.).. An ordinance to appoint a Commissioner for the State of Missouri to prosecute the claims of Missouri troops, Militia and others; with Report of Committee. (By Mr. Foster.) ··· Majority Report of Emancipation Committee, with ordinance.... Minority Report of Emancipation Committee, with ordinance... 12 |